BRAMAN'S 


INFORMATION    ABOUT   TEXAS. 


CAREFULLY    PREPARED 


BY   D.  E.  E.   BKAMAK, 


07    MATAQORDA,  TEXAS. 


PHILADELPHIA  : 
J.   B.   LIPPINCOTT    &    CO 


T>  E 


Entered,  according  to  Act  of  Congress,  in  the  year  1857,  by 

J.  B.  LIPPINCOTT    &    CO., 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Eastern 
District  of  Pennsylvania. 


TO    THE    PUBLIC. 


THIS  little  volume  has  been  written  solely  for 
the  benefit  of  persons  seeking  information  about 
Texas,  and  the  matters  herein  contained  are  de 
finite  and  reliable.  The  author,  within  the  last 
ten  years,  has  received  scores  of  letters  from 
abroad,  making  inquiries  about  the  soil,  climate, 
and  productions  of  the  country,  the  land  system, 
land  claims,  taxes,  and  all  the  other  various 
questions  which  suggest  themselves  to  minds 
stimulated  by  curiosity  or  interest;  hence,  the 
present  volume.  There  are  men  and  women,  in 
every  State  in  the  Union,  having  interests  in 
Texas,  of  one  kind  or  another,  to  many  of 

whom  the  information  herein  contained  will  be 

(iii) 


IV  TO    THE    PUBLIC. 

of  vital  importance.  There  are  others,  also, 
who  would  like  to  cast  their  future  lots  in  this 
favored  land ;  but  they  find  it  so  difficult  to  get 
reliable  information  about  the  soil,  climate,  land 
system,  and  other  important  matters,  that  they 
hesitate,  lest,  when  too  late,  they  should  rue  the 
change.  I  have,  therefore,  endeavored  to  collect 
and  collate  all  of  those  descriptions  of  practical 
knowledge  which  will  be  of  most  interest  and 
benefit  to  such  persons.  I  acknowledge  myself 
under  obligations,  for  valuable  information,  to 
those  excellent  journals,  the  "Galveston  News" 
and  "  State  Gazette,"  published  at  Austin ;  and 
further  deponent  saith  not. 

D.  E.  E.  BRAMAN. 

MATAGORDA,  Texas. 


CONTENTS. 


CHAPTER  I. 

Page 

Information  for  Emigrants  about  different  portions  of  Texas,  9 

CHAPTER  II. 

Description  of  Counties 24 

/  Anderson  county 24 

v  Burleson      "       25 

v     Coryell          "       26 

'   Denton         "       28 

t  Ellis             " 29 

*  Goliad          "         30 

-Gonzales       "       31 

Allays             "       32 

*  Henderson,  and  adjoining  counties 33 

*  Johnson        "       .., 36 

,   Kerr             "       36 

CHAPTER  III. 

Description  of  Counties  (continued) 37 

7  Medina   county 37 

'Matagorda   "     39 

M'  Llano           "     47 

1*  (T) 


VI  CONTENTS. 

Page 

^  Navarro  county 48 

1  Orange  "  49 

^Parker  "  51 

Polk  "  51 

v  Robertson  "  52 

»  Rusk  "  53 

v  Smith  "  .- 54 

-'Travis  "  54 

.  Van  Zandt  "  55 

Washington"  55 

,  Young  "  57 

CHAPTER  IV. 

Stock-Raising 61 

CHAPTER  V. 

Sheep  —  Honey-bees 74 

CHAPTER  VI. 

Wheat 77 

CHAPTER  VII. 

Credit 80 

CHAPTER  VIII. 

Schools 89 

CHAPTER  IX. 

Taxation 92 

To  persons  who  own  Lands  in  Texas,  and  have  ne 
glected  to  pay  Taxes 93 

Advice  to  Non- Residents  owning  Lands  in  Texas 93 


CONTENTS.  Vll 


CHAPTER  X. 

Page 

Heirship,  and  Rights  to  Property  by  Inheritance 98 

Marital  Rights 101 

Forms  for  proving  up  Heirship 102 

Advice  to  Heirs 105 


CHAPTER  XI. 
Conveyances  of  Real  Estate 107 

CHAPTER  XII. 

Legal  Rights  and  Remedies .  116 

Mortgages 116 

Releases  of  Mortgages 122 

Liens 123 

Married  Women 124 

Remarks  and  Advice 126 

Limitation  Laws 128 

Supreme  Court , ,  129 

District  Courts 130 

County  Courts 143 

Justices'  Courts 144 


CHAPTER  XIII. 

Lands. 147 

Of  Head-Rights,  First  Class 152 

"  Second  "    153 

Third     "    154 

"  Fourth  "    155 

Of  Military  Land-Claims 155 

Of  Special  Military  Grants 155 

Of  Locations  and  Surveys 156 


Vlll  CONTENTS. 

CHAPTER  XIV. 

Page 

Court  of  Claims 158 

CHAPTER  XV. 
Itinerary 164 

CHAPTER  XVI. 
General  View  of  the  Country 166 

CHAPTER  XVII. 

Names  of  Deceased  Land  Claimants 171 

Notice 173 

CHAPTER  XVIII. 
Post-Offices  in  Texas 174 

CHAPTER  XIX. 
Counties  and  County  Sites 182 

CHAPTER  XX. 
Miscellaneous 184 

CHAPTER  XXI. 
Statistics 186 

CHAPTER  XXII. 
Remarks  on  Present  and  Future  Prospects 190 


O-    THE 

..V£RS' 

VC'JL 


INFORMATION  ABOUT  TEXAS. 


CHAPTER  I. 

INFORMATION   FOR    EMIGRANTS    ABOUT    DIFFERENT    POR 
TIONS    OF    TEXAS. 

THE  middle  and  northern  counties  of  the  State  are 
settling  faster  than  those  on  the  seaboard,  and  the 
tide  of  emigration,  which  is  continually  rolling  in 
through  Arkansas  and  Louisiana  like  a  spring  flood, 
will,  in  the  course  of  three  years,  so  change  the  face 
of  nature,  that  strangers  would  not  believe  the 
results;  to  this  conclusion  are  we  brought,  not  by 
our  desire  for  aggrandizement,  but  by  what  has 
transpired  within  the  last  like  short  period  of  time. 

The  emigration  for  the  western  and  seaboard  coun 
ties  generally  arrives  by  water,  and  is  not  so  nume 
rous  or  so  regular ;  the  foreigners  seek  the  western 
counties,  to  commingle  with  their  countrymen  who 
fortunately  came  earlier. 

I  have,  for  convenience,  divided  the  State  by  cer 
tain  arbitrary  designations,  as  follows,  viz : 

Northern  counties,  all  above  82°  of  north  latitude. 

(9) 


10          INFORMATION  ABOUT  TEXAS. 

Middle  counties,  all  above  31°  and  below  32°. 

Interior  counties,  all  above  the  seaboard  counties 
and  below  31°,  and  east  of  the  Colorado  Elver. 

Western  counties,  all  west  of  the  Colorado  and 
south  of  31°. 

Seaboard  counties,  all  bordering  on  the  Gulf  of 
Mexico  and  on  the  connecting  bays. 

Emigrants  owning  ten  slaves  or  upwards,  and  who 
desire  to  raise  cotton  or  sugar,  will  find  it  most  in 
accordance  with  their  interests  to  select  some  of  the 
fine  alluvial  soils  of  the  seaboard  counties,  east  of  the 
Colorado.  Emigrants  intending  to  rely  mainly  on 
stock-raising,  will  find  no  better  locations  than  on  the 
edges  of  the  large  prairies  that  lie  between  the  allu 
vial  lands ;  in  the  aggregate  they  are  vast,  and  inex 
haustible  in  herbage. 

Emigrants  having  negroes,  but  less  than  ten,  can 
do  well  in  any  part  of  Texas ;  I  think,  however*,  the 
interior  counties  will  suit  their  interests  best,  where 
the  lands  are  more  diversified  in  quality  and  cha 
racter,  with  smaller  and  better  prairies  for  cultivation, 
and  more  timber ;  where  cotton,  and  all  the  grains 
and  fruits  flourish,  and  come  to  perfection;  and  where 
each  planter  or  farmer  can  raise  his  own  horses, 
mules,  and  cattle. 

This  region  possesses  advantages  which  allow  of 
the  combination  or  intermixture  of  farming,  planting, 
and  stock-raising,  all  together,  or  either  one  of  those 
employments  separately;  but  it  is  found  most  pro 
fitable  and  comfortable  to  accept  all  the  boons  of 


INFORMATION  ABOUT  TEXAS.          11 

Nature,  and  not  to  be  confined  to  one  calling  or  pro 
duct  exclusively. 

The  people  are  more  rural  and  domestic,  and  less 
aristocratic  than  in  the  seaboard  planting  region. 
The  farm  or  plantation  is  the  home  of  the  owner  and 
his  family,  and  those  persons  who  possess  slaves  either 
labor  with  them,  or  superintend  them  personally; 
happiness,  enjoyment,  and  independence,  dwell  among 
this  people,  and  their  few  slaves  are  component  parts 
of  their  families,  and  partake  of  the  joys  and  sorrows 
of  their  protectors.  All  those  portions  of  Middle 
and  Interior  Texas,  lying  on  or  near  the  Colorado, 
Brazos,  Trinity,  Sabine,  and  Neches  rivers,  and  their 
tributaries,  are  very  fertile,  and  quite  densely  tim 
bered.  The  cotton  planters  who  leave  the  seaboard 
settle  here.  Population  is  very  generally  diffused 
over  the  interior  counties,  and  the  cities,  towns,  pub 
lic  improvements,  substantial  private  residences,  snug 
farms  and  plantations,  sleek  cattle  and  horses,  and 
the  long  trains  of  ox  wagons  going  to  and  from  the 
towns,  laden  with  what  the  soil  yields,  or  some  equiva 
lents,  bespeak  an  easy  independence  among  the 
people. 

The  eastern  portion  of  Interior  Texas  was  settled 
in  early  times ;  still  there  is  plenty  of  good  land  for 
sale  at  low  prices. 

Middle  Texas,  west  of  the  Trinity,  was  settled 
much  more  recently  than  the  former,  and  is  not,  as  a 
general  thing,  so  desirable  a  country ;  nevertheless, 
the  counties  lying  on  the  Trinity,  and  all  west  of  it, 


12          INFORMATION  ABOUT  TEXAS. 

have  ranch  excellent  .land ;  the  further  west  we  go 
the  better  the  land  becomes ;  and  between  the  Brazos 
and  Colorado  they  are  equal  to  any  portion  of  the 
State. 

This  region  is  much  diversified,  and  contains  many 
varieties  of  land,  some  of  the  very  best  quality,  and 
much  that  is  considered  in  Texas  poor.  Some  large 
districts  of  timber,  and  again  other  parts  where  tim 
ber  trees  are  a  novelty ;  here  the  prairie  lands  are  the 
best  for  cultivation,  being  easy  of  tillage,  and  very 
productive  in  wheat  and  all  the  cereals,  but  wheat 
seems  to  be  the  staple  production.  Of  fruits,  apples, 
pears,  quinces,  and  plums,  ripen  to  perfection.  In 
dustrious  emigrants  from  the  older  States  will  better 
their  conditions  amazingly  by  seeking  homes  in  Mid 
dle  Texas.  The  climate  is  generally  healthy;  the 
winters  are  short,  and  colder  than  on  the  seaboard ; 
the  spring  seasons  mild,  and  glowing  with  budding 
life ;  and  the  summers  are  long,  dry,  and  sultry ;  the 
autumns  are  pleasant  and  agreeable,  neither  too  hot 
nor  too  cold,  and  frequently  encroach  much  on  win 
ter's  dominion. 

Water  from  wells  is  always  cool  and  wholesome, 
and  the  streams  and  springs  are  usually  potable. 
Some,  however,  hold  minerals  in  solution,  or  other 
deleterious  matter,  which  requires  the  new-comer  to 
be  cautious. 

Northern  Texas  is  the  region  destined  to  become 
the  most  prosperous  and  thickly  populated  part  of 
the  State,  and,  although  but  recently  recognised  as 


INFORMATION  ABOUT   TEXAS.  13 

being  within  habitable  bounds,  has  already  a  large 
population. 

I  was  told  by  some  gentlemen,  who  recently  tra 
velled  through  Cook  County,  the  most  northern  ter 
ritory  of  the  State,  that  they  were  scarce  ever  out  of 
sight  of  settlements.  "Wheat  was  selling  at  fifty  cents 
per  bushel.  This,  it  is  true,  is  an  evidence  that  the 
demand  is  not  commensurate  with  the  production, 
but  it  also  shows  a  well  adapted,  productive  soil,  and 
the  interest  is  becoming  so  important,  that  a  demand 
will  be  created  through  the  agency  of  railroads. 
There  are  no  large  rivers  in  this  region ;  but  it  is  well 
watered  with  brooks,  rills,  and  streamlets,  that  inces 
santly  flow,  through  all  seasons. 

The  climate  is  exceedingly  healthy,  and  the  sea 
sons  are  sufficiently  marked  by  summer's  heat  and 
winter's  cold,  by  the  bland  zephyrs  of  spring,  and 
the  still  mellow  autumnal  days  and  frosty  nights,  to 
give  a  pleasing  variety  to  the  course  of  the  year.  To 
the  industrious  farmer,  who  has  the  health,  will  and 
independence  to  till  the  soil,  this  region  offers  supe 
rior  advantages  to  all  other  parts  of  the  State ;  here 
will  be  made  the  flour,  butter,  cheese,  and  salted 
meats  for  the  large  seaport  towns ;  this  is  the  Goshen, 
the  land  of  promise  of  the  Southern  States.  A 
thrifty  farmer,  now  living  in  Cook  County,  and  who 
has  become  rich,  told  me  that  he  formerly  lived  in 
the  best  wheat  portion  of  the  State  of  New  York, 
that  he  afterwards  moved  to  Ohio,  and  from  there  to 
Illinois,  but  that  he  had  never  seen  such  excellent 
2 


14          INFORMATION  ABOUT  TEXAS. 

land  for  wheat,  or  so  large  crops,  in  any  of  those  grain 
States,  as  in  Cook  County.  The  long  distance  of  the 
northern  counties  from  the  seaboard,  and  the  majority 
of  them  being  far  from  any  navigable  stream,  have 
prevented  emigrants  who  came  by  water  from  getting 
so  far  inland,  and  the  markets  for  productions  being 
distant,  and  difficult  of  access,  a  proper  stimulus  for 
extensive  and  thorough  cultivation  of  the  soil  is  lack 
ing.  I  have  been  credibly  informed,  that  a  man  with 
a  plough,  drawn  by  one  horse,  may  break  up  any  of 
the  tillable  soil  in  Cook,  Fannin,  Denton,  Grayson, 
and  Lamar  counties,  so  that  he  may  plant  wheat, 
corn,  and  potatoes,  and  that  the  two  latter  require 
very  little  after-cultivation.  The  prairie  lands  are 
always  preferred,  being  easier  to  cultivate  than  the 
timber  lands,  and,  in  fact,  are  the  only  first-class  soils. 

The  mode  of  travel,  for  emigrants  to  Middle  and 
Northern  Texas,  is  the  same  that  was  practised  by  the 
first  emigrants  from  New  England  to  Ohio  and  the 
"Western  States,  across  the  Alleghenies :  highly  pri 
mitive,  and  suggestive  of  patience  and  long  suffering. 

Northern  Texas  is  infected  with  none  of  the  pes 
tiferous  miasmatic  vapors  which  arise,  in  many,  other 
wise  desirable,  localities,  from  swamps,  morasses,  and 
stagnant  ponds,  and  which  are  so  fatal  in  many  new 
States.  The  climate  is  healthy,  and  restorative  to 
shattered  constitutions.  Nevertheless,  emigrants 
should  be  careful,  for  a  year  or  two,  and  not  expose 
themselves  unnecessarily  to  wet,  cold,  or  hot  sun :  in 
the  middle  of  the  day,  in  summer,  labor  should  be 


INFORMATION  ABOUT  TEXAS.          15 

avoided :  drink  not  the  cold  spring  water  when 
heated,  be  careful  in  diet,  eat  moderately,  and  of 
simple,  well-cooked  food,  eschew  whiskey  and  all 
other  poisonous  drinks,  make  daily  ablutions  of  the 
entire  body,  when  first  out  of  bed,  and  keep  your 
temper  cool  and  your  mind  contented ;  and,  if  you 
are  an  honest  man,  a  good  husband  and  father,  your 
health,  under  ordinary  circumstances,  will  last  to  old 
age,  and  until  the  human  machine  shall  have  been 
worn  out  by  lapse  of  time.  I  would  also  recom 
mend  that  you  keep  on  good  terms  with  your  wife, 
govern  your  household  like  a  Christian,  and  be  at 
peace  with  your  neighbors :  have  a  small  library  of 
select  works,  and  subscribe  to  one  or  two  good  news 
papers,  so  that  your  evenings  and  leisure  hours  may 
be  spent  profitably  and  agreeably,  and  yourself  and 
family  receive  intelligence,  and  keep  informed  of  the 
busily  passing  events  of  the  old  world. 

Those  emigrants  who  bring  children  should  keep 
them  out  of  the  hot  sun  and  inclement  weather,  feed 
them  sparingly  on  simple  food ;  no  tea,  or  coffee,  or 
other  narcotic  stimulants  ;  and  bathe  daily.  I  place 
great  confidence  in  the  frequent  outward  use  of  cold 
water,  as  a  preventive  and  curative;  and  contend, 
that  accumulated  dirt  under  the  garments  is  just  as 
offensive  and  filthy  as  a  dirty  face  or  hands,  and  a 
greater  harbinger  of  ill-health.  I  do'  not  make  all 
these  recommendations  because  I  think  there  is  any 
critical  period  or  season  here,  called  the  acclimating; 
but  I  know  that  emigrants  are  deprived  of  many  of 


16          INFORMATION  ABOUT  TEXAS. 

the  comforts  which  they  enjoyed  in  their  old  homes ; 
that  they  are  necessarily  subject  to  more  exposure 
and  privations;  that  the  care  and  anxiety  for  their 
success,  for  the  health  and  comfort  of  their  families, 
the  uncertainties  and  disquietudes  about  a  problem 
atical  future,  all  conduce  to  unhealthy  excitement,  and 
disease ;  and,  even  in  their  native  climate,  under  like 
mental  and  physical  exertion,  sickness  would  result. 
I  can  imagine  what  a  destructive,  trying,  and  expen 
sive  affliction  sickness  in  an  emigrant's  family  is ; 
how  it  stops  all  the  wheels  of  advancement,  distracts 
the  future  plans  and  calculations,  and  swiftly  eats 
away  the  humble  substance.  And  then,  if  death 
come  —  how  terrible  and  overwhelming! — the  cot 
becomes  desolate  to  the  living,  the  beauties  of  the 
new  home,  the  wild  scenery,  the  domestic  arrange 
ments —  all  are  turned  into  objects  of  loathing,  the 
precincts  of  the  charnel.  I  would  further  caution 
new-comers  who  desire  peace,  prosperity,  and  health, 
to  avoid  lawyers,  doctors,  and  quack  medicines,  and 
all  other  unseemly  monsters,  and  to  attend  strictly  to 
their  domestic  affairs.  Firstly,  after  arriving,  if  not 
before  done,  they  should  select  a  good  tract  of  land; 
for,  in  a  country  like  this,  where  there  is  so  much 
for  sale,  a  man  should  not  be  contented  with  any  but 
of  the  first  quality.  It  is  best  to  have  it  fronting  on 
a  stream,  if  possible,  where  plenty  of  wood,  for 
fencing  and  fuel,  is  handy  ;  and,  if  meandered  by 
creeks,  brooks,  or  spring  rills,  it  is  all  the  more 
desirable.  Let  him  select  high  ground  for  his 


INFORMATION  ABOUT  TEXAS.          17 

dwelling,  protected,  at  the  north,  by  timber  or  irre 
gularities  in  the  land ;  let  the  house,  in  the  improve 
ments,  be  first  built  —  an  humble  edifice  will  answer 
best:  it  should  have  a  good  floor  and  tight  roof, 
above  all.  The  house  should  stand  on  blocks  of 
wood  or  stone,  at  least  two  feet  above  the  ground, 
so  that  the  fresh  air  may  circulate  freely :  there 
should  be  no  chance  for  water  to  accumulate  under 
the  dwelling,  for  an  instant :  all  stagnant  pools  any 
where  should  be  dispelled.  After  the  human  dwell 
ing  comes  the  cow-pen,  made,  in  the  most  convenient 
mode,  with  strong  rails  and  posts:  then  should  be 
purchased  a  fewr  good  cows,  according  to  means  and 
advantages  of  prairie  pasturage:  then  the  animals 
for  a  team ;  oxen  are  preferred,  for  small  farmers,  as 
being  less  expensive,  easier  kept,  and  more  readily 
obtained ;  and  the  farmer  can,  after  three  years, 
renew  his  team  from  his  own  stock,  and  turn  out  the 
old  oxen  to  make  beef,  when  they  are  no  longer  fit 
for  work  —  they  soon  fatten  on  the  prairies.  Emi 
grants  can  always  purchase  lands  in  Texas  on  better 
terms  than  in  any  of  the  other  States,  for  the  reason 
that  it  was  acquired  from  the  sovereignty  of  the  soil, 
by  the  original  possessors,  by  free  gift. 

An  emigrant  should  never  purchase  less,  at  first, 
than  320  acres  of  land :  this  can  be  acquired  for  a 
small  advance  in  money,  and  the  balance  on  long 
time  —  the  purchaser  giving  his  promissory  note, 
with  mortgage  on  the  land. 

After  finding  a  suitable  tract,  and  the  owner 
2* 


18          INFORMATION  ABOUT  TEXAS. 

thereof,  and  entering  into  negotiations,  the  emigrant 
should  have  an  examination,  at  the  county  clerk's 
office,  to  see  if  the  coveted  land  is  free  from  all 
incumbrances,  and  the  title  in  the  ostensible  owner. 
Then  resort  to  the  district  clerk's  office,  and  see  that 
there  are  no  judgments  against  the  owner;  also  ascer 
tain  if  all  taxes  are  paid ;  after  which,  he  may  con 
clude  his  purchase,  always  being  sure  to  take  a  con 
veyance,  with  full  covenants. 

After  the  dwelling  and  cow-pen,  the  next  labor  is 
to  select  the  richest  soil  out  of  the  tract  for  cultiva 
tion,  and  plough  enough  for  the  first  year's  corn, 
wheat,  potatoes,  oats,  millet,  and  minor  vegetables. 
He  should  commence  ploughing  immediately  after 
arranging  a  shelter  for  his  family,  and  an  enclosure 
for  a  few  milch-cows.  ~No  matter  what  time  he 
arrives,  even  in  the  summer,  the  ploughing,  at  that 
season,  turns  in  the  heavy  coat  of  vegetation,  which 
improves,  lightens,  and  quickens  the  soil :  another 
slight  ploughing,  in  the  fall,  before  sowing  grains, 
conduces  much  to  a  good  yield.  The  ploughing  for 
corn  and  potatoes  should  be  done  in  January,  or  the 
first  of  February.  Planting  may  be  done  in  the 
latter  month,  and  along  until  the  last  of  April.  It 
is  true  that  the  soil  very  seldom  gets  more  than  one 
breaking  up;  and  that,  with  this,  good  crops  are 
raised,  in  ordinary  seasons;  but,  if  time  can  be 
spared,  more  husbandry  will  well  remunerate  the 
extra  labor. 

It  is  a  momentous  affair  for  a  family,  in  the  older 


INFORMATION  ABOUT  TEXAS.          19 

States,  surrounded  with  the  ties  of  relations  and 
friends,  with  local  attachments  for  home,  and  all  its 
recollections  and  heart-ties,  to  bid  good-bye  forever ; 
to  take  a  long  last  look  of  places  and  friends,  which 
affection,  time,  and  long  familiarity,  have  made  too 
dear;  to  quit  all  these,  and  plunge  into  the  great 
stream  of  emigration,  which  leads,  the  adventurer 
knows  not  whither,  requires  nerve ;  for  it  is  a  very 
serious  matter,  and  ought  to  be  well  considered  and 
weighed,  before  ventured  on.  Still,  if  concluded 
on,  a  determined  will  and  mature  calculation  should 
accompany  the  undertaking,  which  is  to  cast  a  life 
long  destiny  —  no  flinching,  for  on  manly  resolution 
depends  success.  It  would  always  be  better  if  those 
persons  desiring  to  emigrate  to  Texas,  with  their 
families,  could  come  and  look  at  the  country,  be 
fore  a  final  remove;  but  distance,  expense,  and 
consumption  of  time,  generally  prevent  such  cau 
tionary  measures.  Therefore,  a  knowledge  of  the 
country  must  be  acquired  through  the  perceptions 
and  judgments  of  other  people;  and,  as  men  are 
governed  in  their  views  and  representations  by  many 
causes,  emigrants  are  frequently  unhappily  disap 
pointed,  and  more  especially  if  they  are  from  the 
older  States :  the  discomforts  of  a  log-cabin ;  the 
jolting  of  an  ox-cart,  which  takes  the  place  here  of 
a  pleasure  carriage ;  the  homely  roughness  of  the 
neighbors ;  illy  suit  the  tastes  of  fastidious  persons. 
But  hardships,  privations,  and  discomforts,  must 
ever,  for  a  season,  be  endured  by  the  emigrant. 


20          INFORMATION  ABOUT  TEXAS. 

The  sparseness  and  distance  of  neighbors  (and  per 
haps  the  nearest  may  be  a  Dutchman),  makes  it 
lonely  for  the  family  at  first,  but  this  dreariness  soon 
wears  ^ff;  the  scenery  is  new,  everything  around  is 
strange  and  unusual ;  the  prairies,  the  herbage,  the 
trees  and  rocks  belong,  as  it  were,  to  a  different  crea 
tion  ;  even  the  sky  above  is  not  the  native  heaven,  the 
phenomena  of  Nature  seem  to  be  governed  by  new 
and  strange  laws. 

The  contemplation  of  these  fills  up  the  dreary  void 
left  in  the  mind  by  far  distant  objects,  and  the  affec 
tions  of  the  family  gradually  become  concentrated 
on  the  new  home.  A  few  years  of  quiet  industry 
pass  by,  the  neighborhood  fills  up  apace,  small  vil 
lages  start  up  and  grow  with  unprecedented  rapidity, 
roads  and  cross  roads  and  parallel  roads  mark  the 
country,  stores  and  churches  and  schools  are  not  dis 
tant  in  any  direction,  markets  and  speculators  come 
in  competition  for  the  coveted  productions  of  the 
soil,  people  of  wealth  and  extended  enterprise  begin 
to  settle  about,  and  lands  and  property  rise  higher 
and  higher,  until  the  emigrant  finds  himself  wealthy, 
his  family  are  able  to  have  the  comforts  and  luxuries 
of  refined  society,  and  to  educate  and  bring  up  their 
children  in  the  ways  of  respectability  and  usefulness. 

Emigrants  should  bring  with  them  as  many  garden 
and  other  rare  seeds  as  convenient ;  the  more  com 
mon  seeds  will  be  found  in  the  country.  Everything 
else  let  them  turn  into  money,  for  it  will  be  more  ex 
pensive  to  bring  cumbrous  household  and  farming 


INFORMATION  ABOUT  TEXAS.          21 

implements  than  to  purchase  them,  unless  they  intend 
settling  near  the  coast. 

Emigrants  from  the  Eastern,  Southern-Atlantic, 
and  Middle  States,  will  do  best  to  come  by  sea  to 
Galveston,  or  Matagorda  Bay. 

The  most  economical,  profitable,  and  pleasant  way 
for  settling  in  a  new  country,  is  to  proceed  after  this 
plan: — "Where  there  are  eight  or  ten  families  in  a 
neighborhood,  who  have  made  up  their  minds  to  seek 
a  new  home,  let  them  organize  themselves  into  a 
company,  under  written  articles  of  agreement ;  each 
head  of  a  family  binds  himself  to  furnish  so  much 
money  for  the  general  object;  then  ascertain  the 
wholesale  cost  of  transporting  all  of  the  families  and 
effects  to  the  shores  of  Texas ;  one  of  the  members, 
a  shrewd,  capable  man,  is  sent  out  to  bargain  for  a 
suitable  tract  of  land,  that,  when  divided,  shall  suit 
all  of  their  several  wants ;  the  first  year  they  farm  in 
common,  and  until,  by  their  united  labor,  each  family 
is  furnished  with  a  dwelling,  fences,  &c. ;  after  that, 
when  a  good  supply  of  grain  has  been  raised  to  fur 
nish  the  community  until  the  next  harvest,  the  land 
can  be  divided  among  them  according  to  their  re 
spective  advancements  of  capital.  In  this  way  a 
thrifty  settlement  at  once  arises,  and  becomes  the 
nucleus  around  which  other  emigrants  are  constantly 
attracted,  and  in  this  manner  can  be  purchased  much 
cheaper.  The  dreariness  of  a  solitary  emigrant's  life 
is  never  felt  by  .members  of  a  community,  and  the 
comforts  and  advantages  of  homogeneous  society  are 


22          INFORMATION  ABOUT  TEXAS. 

retained,  while  land  and  property  become  immedi 
ately  enhanced  two  or  three  hundred  per  cent. 

Western  Texas  is  an  extensive  country,  and  has 
many  varieties  of  soil  and  productions.  Excepting 
on  the  bottom  lands  of  the  rivers  and  water-courses, 
the  people  are  mostly  engaged  in  stock-raising ;  many 
of  them  exclusively,  and  others  in  connection  with 
farming.  This  region,  below  30°,  and  west  to  the 
Rio  Grande,  is  very  subject  to  long  droughts  during 
the  summer ;  still  the  crops  on  the  bottom  lands  sel 
dom  fail.  No  portion  is  sickly,  but  all  is  favorable 
to  the  life  and  energy  of  man  and  beast.  The  prin 
cipal  grass  on  the  prairies  is  the  far-famed  mesquit, 
deservedly  renowned  for  its  universal  abundance  and 
nutritious  qualities;  during  all  the  winter  season, 
and  after  it  has  become  sere  and  yellow,  cattle  and 
horses  will  eat  it  with  the  same  avidity  and  benefit 
as  when  green.  Of  late  years,  large  quantities  have 
been  cured  and  baled  for  distant  markets,  and  the  U. 
S.  military  posts  always  prefer  it  for  their  cavalry 
horses  to  the  imported  hay  from  cultivated  grasses. 

I  would  advise  emigrants  who  want  good  and 
cheap  lands,  with  plenty  of  mesquit  prairie  for  stock 
range,  to  purchase  on  the  Nueces,  Rio  Frio,  or  some 
of  their  branches.  This  is  a  desirable  part  of  "West 
ern  Texas,  and  has  as  many  natural  advantages  as 
can  be  asked  by  any  reasonable  man.  Land  sells  at 
from  $1-50  to  $2-00  per  acre.  The  timber  on  the 
streams  is  peccan,  hackberry,  several  kinds  of  oak. 


INFORMATION  ABOUT  TEXAS.          23 

cypress,  and  mulberry  ;  on  the  prairies  are  much  live 
oak  and  mesquit  timber. 

There  are  many  other  portions  of  the  west  where 
the  land  is  better  adapted  for  raising  cotton,  but  none 
that  will  so  well  suit  the  emigrant  of  moderate  capi 
tal,  and  fill  the  measure  of  his  utmost  expectations 
and  desires. 


CHAPTEE  II. 

DESCRIPTION     OF     COUNTIES. 
ANDERSON  COUNTY. 

THIS  is  an  interior  county,  on  the  Trinity  River, 
the  centre  being  180  miles  from  Galveston.  The 
Trinity  is  navigable  for  steamers  far  above  this 
county,  though  not  at  all  times  to  be  depended  on. 
The  face  of  the  country  is  level,  with  timber  lands 
on  the  streams,  and  luxuriant  prairies  between. 
Palestine,  the  county-seat,  is  well  situated  in  the 
centre  of  this  flourishing  county.  There  is  very  little 
rock,  and  the  soil  is  easily  cultivated.  Palestine 
contains  a  population  of  1200.  The  business  of  the 
town  is  confined  to  retail  trade  with  the  surrounding 
country ;  there  are  twelve  stores  here,  among  which 
are  two  drug  stores  and  a  book  store ;  all  seem  to  be 
prospering.  The  county  gives  one  thousand  votes, 
and  makes  about  300,000  Ibs.  cotton. 

The  land  is  quite  fertile,  producing,  on  an  average, 
one  bale,  or  500  Ibs.  clean  cotton  per  acre,  or  thirty 
bushels  of  corn  to  the  acre.  Cotton  seems  to  be  the 
best  adapted  to  the  lands  of  this  county,  but  wheat 
grows  and  produces  well.  The  crops  are  sent  down 

(24) 


DESCRIPTION   OF   COUNTIES.  25 

the  Trinity  to  Galveston,  or  hauled  to  Houston  by 
ox  teams. 

BURLESON  COUNTY. 

This  county  lies  north,  and  adjoining  "Washington 
County,  and  has  been  settled  for  many  years;  the 
lands  are  fertile ;  distance  of  county-seat  from  Gal 
veston  is  150  miles,  and  from  Matagorda  150  miles. 
Though  the  crops  of  1856  were  short  in  this  rich 
county,  the  farmers  made  a  large  amount  of  bacon, 
depending  altogether  on  the  oak  mast ;  farmers  from 
other  counties  during  the  last  fall  drove  many  hogs 
here  to  fatten  ;  still  there  was  an  abundance  of  swine 
food  for  all.  The  lands  of  Burleson  County  are  stea 
dily  advancing  in  value.  Unimproved  bottom  lands 
are  worth  $10  per  acre ;  uplands  are  worth  from  two 
to  three  dollars  per  acre. 

The  "Old  San  Antonio  road,"  which  divides  Rob 
ertson  and  Brazos  counties,  east  of  the  Brazos  River, 
passes  centrally  through  Burleson  County  from  east 
to  west.  This  county  is  also  largely  interested  in 
stock-raising,  and  it  is  said  that  there  are  now  at  least 
$50,000  worth  of  beeves  ready  for  market. 

Caldwell,  the  county-seat,  is  a  pleasant,  healthy, 
and  flourishing  village,  situated  on  the  San  Antonio 
road,  about  eleven  miles  west  of  the  Brazos ;  it  con 
tains  seven  dry  goods  and  other  stores,  and  fortu 
nately  but  one  place  where  liquor  is  sold.  There  are 
good  male  and  female  schools,  affording  excellent 
opportunities  of  educating  children.  A  Masonic 
Lodge,  a  Temple  of  Honor,  and  one  of  the  most 
3 


26  DESCRIPTION    OF   COUNTIES. 

capacious  and  best  built  brick  court-houses  in  the 
State ;  also  a  Methodist  and  a  Baptist  church  build 
ing.  The  population  numbers  about  300,  who  are 
moral  in  their  habits,  intelligent,  and  courteous  to 
strangers. 

CQRYELL  COUNTY. 

This  county  takes  its  name  from  a  creek,  which 
derived  its  name  from  a  man  named  Coryell,  who 
had  a  survey  of  land  on  this  creek,  and  was  killed 
several  years  ago  by  Indians.  The  county  is  divided 
into  prairie,  timber,  mountains  and  valleys.  The 
Leon  River  is  the  main  stream,  which  runs  into  the 
county  about  ten  miles  south  of  the  north-west 
corner;  it  then  makes  a  bend  more  southward,  and 
runs  near  the  centre  of  the  county  ;  thence  out  to  the 
south  of  the  north-east  corner,  about  eight  miles. 
The  main  tributary  of  the  Leon,  on  the  north,  is 
Coryell  creek,  which  has  its  source  near  the  north 
west  corner  of  the  county,  and  runs  south-east  to  the 
Leon,  about  twelve  miles  below  Gatesville.  East  of 
this  stream  and  the  Leon  is  prairie,  good  soil,  and 
fine  stock  range.  The  prairies  will  soon  be  dotteel 
over  with  settlements  and  small  farms,  for  this  is  a 
paradise  for  the  small  farmer.  Rails  delivered  on 
this  prairie  cost  from  $2-50  to  $3  per  hundred. 
There  are  mountains  on  both  sides  of  Coryell  creek, 
which  furnish  large  quantities  of  cedar.  The  valleys 
on  this  creek  are  small ;  the  Leon  has  much  valley 
land,  which  produces  grain  of  all  kinds  in  abun 
dance.  There  is  also  some  sandy  post  oak  land, 


DESCRIPTION   OF   COUNTIES.  27 

excellent   for   hog-raising,  from   the   abundance   of 
mast. 

There  are  several  small  streams  running  into  the 
Leon  from  the  south-west  side,  the  largest  of  which 
are  Plum  creek,  Henson's  creek,  and  Owl  creek;  the 
first  of  these  empties  into  the  Leon  above  Gatesville, 
the  second  ten  miles  below,  and  the  third  below  the 
county  line,  in  Bell  County. 

These  streams  have  all  their  hills  and  valleys. 
Many  beautiful  situations  for  small  farms  are  to  be 
found  in  the  valleys,  with  first-rate  soil,  and  timber 
on  the  hills  and  creeks.  Hogs,  sheep,  goats,  and 
small  stocks  of  neat  cattle  do  well,  and  afford  an  easy 
income  to  the  farmer,  with  very  little  trouble  and 
outlay.  Cowhouse  creek  is  a  large,  clear  stream, 
having  its  source  in  Comanche  County,  and  runs  east 
through  this  county ;  its  valleys  of  good  land  are 
from  a  quarter  of  a  mile  to  two  miles  wide,  chiefly 
prairie,  with  timber  on  the  creeks  for  building,  fire 
wood,  and  fencing ;  a  very  good  stock  country,  and 
well  watered.  This  stream  empties  into  the  Leon 
in  Bell  County,  six  miles  above  Belton.  Fencing, 
on  Cowhouse  creek,  costs  about  §2  per  hundred 
rails.  There  has  been  no  cotton  planted  in  this 
county ;  wheat  is  a  staple  crop.  There  are  but  two 
mills  in  the  county ;  one  owned  by  R.  G.  Grant,  a 
quarter  of  a  mile  from  Gatesville,  on  the  Leon ;  the 
other  belonging  to  Mr.  Jones,  near  the  Bell  County 
line,  on  the  same  stream.  This  year,  as  is  very  well 
known,  was  so  very  dry  that  it  is  no  criterion ;  in 


28  DESCRIPTION   OF   COUNTIES. 

common  seasons,  mills  on  the  Leon  will  run  nine 
months  in  the  year.  All  of  the  streams  have  good 
mill-seats,  yet  unoccupied. 

Gatesville,  the  county-seat,  is  the  only  town.  It 
is  pleasantly  situated  on  the  north  side  of  the  Leon, 
on  an  eminence.  The  town  consists  of  about  thirty 
houses,  including  court-house,  jail,  shops,  and  offices. 
There  are  three  stores,  two  hotels,  three  lawyers,  two 
physicians,  and  several  mechanics ;  the  professional 
men  have  very  little  business.  The  population  is 
from  all  the  States,  but  principally  from  the  western 
portion  of  the  Southern  States.  Society  is  good,  and 
churches  and  school-houses  are  being  built  in  various 
parts  of  the  county.  Improved  lands  can  be  bought 
at  from  $3  to  $6  per  acre;  unimproved  lands  at 
from  $1-50  to  $4  per  acre.  There  are  }7et  some 
choice  tracts  of  vacant  land  in  this  county.  From 
Austin  to  Gatesville  is  80  miles;  the  nearest  and 
best  route  being  by  Georgetown,  thence  by  the  Fort 
Gates  military  road. 

DENTON  COUNTY. 

This  is  a  new  county,  in  the  extreme  northern  part 
of  the  State.  It  is  a  good  grain  and  fruit  region ; 
surface  level  and  easy  to  cultivate,  being  divided  into 
prairie  and  timber ;  frequently  large  crops  of  wheat 
and  corn  have  been  planted,  with  only  the  assistance 
of  one  horse  and  a  plough,  to  break  the  soil. 

Denton  is  the  name  of  the  county-seat,  which  is 
situate  six  miles  west  of  Alton,  the  former  county- 


DESCRIPTION   OF   COUNTIES.  29 

town ;  it  is  a  delightful  place,  located  in  a  neck 
of  prairie,  connecting  with  the  Grand  Prairie. 
There  are  600  voters  in  this  county,  and  immi 
gration  is  rolling  in  like  a  flood-tide  in  a  northern 
latitude.  Pork  is  worth  2^  cents  per  Ib. ;  flour 
$3-50  per  cwt. ;  corn  60  to  70  cents  per  bushel ;  and 
wheat  75  cents.  The  present  low  price  and  abun 
dance  of  provisions  offer  great  facilities  to  the  emi 
grant,  and  those  persons  who  desire  new  homes  can 
not  do  better  in  any  part  of  the  United  States  than 
in  Denton.  This  county  has  good  cattle  and  hog 
ranges;  being  situated  in  the  "Cross  Timber"  coun 
try,  there  is  a  superabundance  of  mast,  and  hogs 
fatten  on  it,  without  an  ear  of  corn.  Distance  from 
the  town  of  Alton  to  Austin  is  200  miles. 

ELLIS  COUNTY. 

This  county  is  in  the  northern  part  of  the  State, 
and  above  the  Pacific  Railroad. 

"Waxahatchie,  the  county-seat,  is  decidedly  a  beau 
tiful  and  rising  town,  situated  contiguous  to  a 
good  supply  of  timber,  blessed  with  plenty  of  excel 
lent  water,  healthful,  and  surrounded  with  the  best 
wheat-growing  region  to  be  found.  Emigrants  with 
small  means,  and  who  desire  to  cultivate  a  remune 
rating  soil,  cannot  do  better  than  go  to  Ellis  County. 
Sheep,  cattle,  and  horses  do  well,  and  have  an  abun 
dance  of  free  pasture. 
3* 


30  DESCRIPTION   OF  COUNTIES. 

GOLIAD  COUNTY. 

This  is  a  western  county,  and  lie?  near  the  Gulf  of 
Mexico ;  the  San  Antonio  River  runs  through  the 
centre  ;  there  are  several  smaller  streams.  The  land 
is  good  for  cotton  and  corn,  that  on  the  Blanco  and 
Medio  being  very  superior.  For  stock-raising  this 
region  has  not  its  equal  out  of  Texas.  Lands  are 
worth  from  $1-50  to  $3  per  acre  ;  immigration  is  now 
turning  in  this  direction,  and  lands  will  rise  in  price. 
The  climate  is  healthful  at  all  seasons,  it  being  suffi 
ciently  near  the  Gulf  to  enjoy  the  exhilarating  breezes 
in  summer  and  modifying  influences  in  winter. 
Stranger,  if  you  have  a  small  money  capital,  and  are 
blessed  with  a  large  family,  go  to  Goliad  County 
while  yet  the  lands  are  cheap,  acquire  a  few  hundred 
acres,  buy  a  few  cattle  and  horses,  and  the  foundation 
of  }Tour  fortune  is  laid,  firmly  and  securely;  you 
never  will  regret  the  move  if  you  take  this  advice; 
your  only  sorrow  will  be  that  you  did  not  come 
sooner. 

This  charming  county  lies  about  thirty  miles  north 
of  Aransas  Bay,  and  is  well  situated  for  the  cultiva 
tion  of  cotton,  and  stock-raising.  It  has  an  intelligent 
and  refined  population,  and  is  favored  with  two  well- 
conducted  literary  institutions :  Aranama  College 
and  Paine  Female  Institute.  The  town  of  Goliad  is 
the  count}'-seat ;  the  old  Mexican  town  of  La  Bahia 
is  situated  opposite  Goliad.  The  view  from  the 
heights  of  La  Bahia  is  indeed  an  enchanting  one, 


DESCRIPTION   OF   COUNTIES.  31 

and  seems  especially  so  when  bathed  in  the  sunlight 
of  a  serene  and  cloudless  sky.  On  the  left,  as  you 
ascend  to  the  mission,  rise  romantic  hills,  sloping  into 
various  plains,  which  are,  even  in  winter,  covered 
with  merry  green,  and  through  which  the  rippling 
surface  of  the  meandering  San  Antonio  flows,  in  all 
its  sparkling  and  peculiar  beauty.  The  lovely  town 
of  Goliad,  with  its  neat  white  houses,  amidst  over 
shadowing  trees,  lies  beyond;  and  towering  above 
them  all,  upon  opposite  summits,  stand  Aranama 
College  and  Paine  Female  Institute.  On  the  right 
of  the  ascent  an  almost  interminable,  but  undulating 
prairie,  stretches  far  around,  presenting  a  scene  of 
classic  and  picturesque  beauty.  The  old  mission 
church  is  still  in  a  state  of  preservation,  though  sur 
rounded  by  broken  walls  and  crumbling  bastions; 
the  hand  of  modern  renovation  has  in  a  measure 
rendered  the  interior  fit  for  religious  worship. 

GONZALES  COUNTY. 

This  county  is  west  of  the  Colorado,  and  was  set 
tled  in  the  early  history  of  Texas.  There  are  exten 
sive  deposits  of  iron  and  coal  in  this  county.  The 
distance  from  Gonzales  to  Port  Lavacca  is  75  miles. 
The  lands  of  this  county  are  fertile  and  easily  culti 
vated.  A  recent  writer  says  of  the  land  on  Peach 
Creek,  in  that  county :  —  "It  is  as  fertile  as  the  river 
valleys,  and  has  the  immense  advantage  of  sustaining 
drought  with  less  injury  to  the  crops  ;  last  year  (1856), 
notwithstanding  the  unprecedented  drought,  the  yield 


32  DESCRIPTION   OF   COUNTIES. 

of  corn  averaged  from  twenty  to  forty  bushels.  The 
scenery  is  beautiful,  of  the  description  known  as  roll 
ing  prairies.  The  long  slopes  are  covered  with  thick, 
soft  grass,  and  crowned  with  groves  of  noble  live  oaks 
and  other  trees  ;  building-stone  is  found  in  abundance 
throughout  the  county,  and  the  numerous  little 
brooks  of  clear  running  water  afford  every  advantage 
for  stock.  Sheep  are  raised  in  considerable  numbers, 
and  are  healthy  and  very  profitable.  Hogs,  likewise, 
are  abundant  and  thrifty,  and  increase  rapidly. 

This  desirable  region  is  rapidly  filling  up  with 
intelligent  and  substantial  men ;  people  of  means, 
liberality,  and  enterprise,  who  will  take  much  interest 
in  building  up  churches  and  schools,  to  meet  the  in 
creasing  necessities  of  the  country.  It  will  be  well 
for  emigrants  with  capital  to  take  a  look  at  this 
county. 

HAYS  COUNTY. 

This  is  a  western  county ;  the  surface  is  diversified 
by  hill,  valley,  rivulet,  and  brook.  It  is  a  good  stock- 
raising  and  farming  county,  and  has  a  genial  climate  ; 
here  are  some  of  the  most  valuable  water  privileges 
in  the  State  of  Texas;  coal,  iron,  salt,  and  other 
minerals  and  metals,  are  said  to  abound.  The  dis 
tance  from  the  centre  of  the  county  to  Port  Lavacca 
is  135  miles.  San  Marcos  is  a  town  at  the  Springs 
of  that  name,  and  Stringtown  is  a  settlement  built 
along  a  beautiful  valley  at  the  foot  of  the  mountain 
range;  these  are  both  charming  sites.  A  recent 
writer  says :  —  "  There  is  not  a  more  beautiful  and 


DESCRIPTION   OF   COUNTIES.  33 

romantic  spot  than  the  San  Marcos  country ;  on  the 
north  the  mountains  afford  protection  against  the 
1  Northers,'  on  the  south  the  country  spreads  out  in 
beautiful  prairie  valleys,  which  make  most  excellent 
farms;  on  many  of  them  are  now  (January,  1857) 
large  fields  of  wheat  in  a  flourishing  condition,  which 
cover  the  earth  with  a  lovely  mantle  of  deep  green." 
San  Marcos  contains  several  stores,  a  tavern,  church, 
and  several  other  public  buildings ;  it  is  situated  on 
the  west  side  of  the  San  Marcos  River,  a  beautiful, 
transparent  stream,  which  gushes  out  in  a  large 
spring,  forming  a  miniature  Switzer  lake  at  the  foot 
of  a  mountain.  This  stream  constitutes  a  splendid 
water-power,  capable  of  moving  any  amount  of  ma 
chinery  ;  a  cotton  factory  is  under  progress  at  this 
place  ;  a  large  manufacturing  town  will  arise  here, 
equal  in  importance  and  wealth  to  any  of  the  New 
England  towns.  The  San  Antonio  and  Gulf  Rail 
road,  now  in  vigorous  progress  of  construction,  with 
every  guarantee  of  speedy  completion,  will  give  to 
this  western  portion  of  the  State  an  impetus  on  the 
road  to  prosperity  and  aggrandizement  which  cannot 
now  be  realized.  Lauds  can  now  be  bought  in  this 
county  at  from  $2  to  $10  per  acre. 

HENDERSON,  AND  ADJOINING  COUNTIES. 

This  is  the  next  county  above  Anderson,  on  the 
Trinity  River,  and  is  fast  filling  up  writh  an  indus 
trious  population.  Public  attention  has  been  more 
turned  to  this  section  of  late,  and  we  are  convinced, 


34  DESCRIPTION   OF   COUNTIES. 

from  the  inducements  offered,  that  no  portion  of 
Texas  will  improve,  for  the  next  ten  years,  in  in 
creased  population  and  wealth,  more  than  it  will.  As 
an  average  of  the  production  of  the  timbered  coun 
ties,  we  would  say  that,  in  cotton,  through  a  series  of 
years,  the  farmers  would  raise  800  pounds  per  acre ; 
a  No.  1  farmer  could  safely  calculate  on  1000  or  1200 
pounds.  Farmers  do  not  general!}7  take  so  much, 
pains  in  the  cultivation  of  their  lands  as  in  most  of 
the  other  Southern  States ;  they  seem  to  get  indolent 
and  careless,  which  is  partly  caused  by  the  fact,  that 
here  a  man  can  raise  more  with  a  little  labor  than  is 
usual  elsewhere.  The  lands  of  this  county  are  well 
adapted  to  corn ;  even  in  the  driest  years  they  will 
produce  from  twenty-five  to  thirty  bushels  per  acre ; 
they  also  produce  good  wheat  where  it  has  been  tried, 
very  little  having  been  planted  until  within  the  last 
two  years.  Last  fall  (1857)  more  was  planted  than 
usual,  and  it  is  now  very  promising.  We  are  satisfied 
that  this  is  one  of  the  healthiest  regions  under  the 
sun  ;  here  there  are  but  few  local  causes  for  disease ; 
and  the  water  is  pure  and  wholesome.  Lands  are 
cheap  in  this  portion  of  Texas ;  in  Rusk,  Cherokee, 
Smith,  Anderson,  and  Harrison  counties,  which  are  in 
the  highest  state  of  improvement  of  any  in  the  State, 
and  the  most  densely  populated,  they  are  worth  from 
$2'50  to  $10  per  acre.  It  is  beyond  question  a  very 
superior  hog  country;  most  of  the  farmers  feed  their 
hogs  but  little,  they  becoming  sufficiently  fat  to  kill  by 
running  in  the  woods ;  meat  this  season  has  averaged 


DESCRIPTION    OF   COUNTIES.  35 

about  4J  cents  net ;  corn  is  worth  50  cents  per  bushel; 
cattle  about  §6  per  head  by  the  stock  ;  poultry  abun 
dant ;  butter  20  cents  per  pound.  The  lands  lay 
generally  level,  and  there  are  very  few  rocks  to  inter 
fere  with  cultivation.  There  are,  from  Henderson  to 
Tyler,  in  Smith  County,  numerous  little  towns 
springing  up,  in  all  of  which  the  school-house  and 
church  are  prominent  establishments.  The  town  of 
Tyler  is  a  considerable  place,  beautifully  laid  off,  and 
is  the  county-seat  of  Smith  County.  The  court-house 
is  a  fine  sightly  brick  building ;  the  houses  are  all 
good ;  some  of  the  dwelling-houses  are  models  of 
elegance  and  comfort.  Education  is  in  a  flourishing 
condition,  and  measures  are  on  foot  to  build  a  Uni 
versity  at  Tyler. 

Kickapoo,  in  Anderson  county,  is  described  as  a 
thriving  town,  and  doing  considerable  business. 

The  lands  in  this  section  are  red,  sandy,  and  very 
productive:  there  is  much  timber  and  little  prairie. 
Corn  was  plenty  last  fall,  and  sold  for  fifty  cents  per 
bushel.  There  is  not  much  stock  in  this  region,  but 

•  O  ' 

it  is  well  adapted  to  swine,  and  pork  is  very  cheap 
every  fall. 

Sumpter,  in  Trinity  count}-,  is  a  new  place,  it  being 
only  two  years  old ;  but  gives  evidence  of  much  pub 
lic  spirit  and  enterprise. 

A  court-house  has  been  commenced,  at  this  place  : 
the  material  is  of  brick,  and  the  building  is  to  be  two 
stories  high,  and  of  ample  dimensions. 


36  DESCRIPTION   OF   COUNTIES. 


JOHNSON  COUNTY. 

This  county  lies  above  the  line  of  the  Pacific  rail 
road  (32°),  and  is  in  the  midst  of  the  wheat  region. 
It  is  of  quite  recent  organization :  the  lands  are  good 
and  very  cheap ;  the  prairies  are  said  to  be  of  the 
best  quality.  We  learn  that  the  population  is  in 
creasing,  by  large  and  substantial  additions  of  emi 
grants.  The  famous  heights,  "Pilot  Knob"  and 
"  Camanche  Peak,"  are  in  this  county.  Distance 
from  Matagorda  to  the  centre  is  250  miles,  and  from 
Port  Lavacca  is  250  miles. 


KERR  COUNTY. 

This  is  a  new  county,  in  the  western  portion  of  the 
State.  The  country  is  much  broken,  and  diversified 
with  hills  and  valleys :  the  hillside  springs  send  forth 
their  brooks  and  rills,  to  make  this  charming  region 
more  lovely,  and  permeate  the  virgin  soil  with  their 
life-giving  powers.  Stock  of  all  kinds  do  well ;  and 
it  is  said  that  the  soil  and  climate  are  well  adapted 
to  the  extensive  culture  of  grapes  and  other  fruit. 

This  county  is  fast  filling  up  with  substantial  set 
tlers,  who  are  reaping  the  benefits  of  cheap  lands. 
It  is  one  of  the  most  healthful  counties  in  the  State. 
There  are  many  indications  of  valuable  metals  and 
minerals  here. 

Distance  from  the  centre  of  the  county  to  Port 
Lavacca,  is  180  miles. 


CHAPTER   III. 

DESCRIPTION     OF     COUNTIES     (CONTINUED). 
MEDINA  COUNTY. 

A  great  deal  of  the  surface  of  this  county  is  made 
up  of  hill,  dale,  valley,  and  prairie :  it  is  well  watered 
with  mountain  streamlets,  on  some  of  which  thriving 
manufacturing  villages  will  arise.  This  is  a  western 
county,  and  is  settled  mostly  with  foreigners.  Cas- 
troville,  the  seat  of  Medina  county,  is  most  happily 
located,  with  regard  to  fertility  of  soil,  abundance  of 
water,  timber  and  grazing  lands.  It  extends  over  a 
level  prairie,  following  the  meanderings  of  the  Me 
dina;  is  surrounded  by  gentle,  well-timbered  hills, 
from  the  top  of  which  the  eye  embraces  the  whole 
valley,  which  has  been  made  a  perfect  garden  by  the 
settlers.  Twelve  years  ago,  Castroville  was  one  of 
the  most  attractive  hunting-grounds  of  the  fierce 
Lipan  Indians.  It  derives  its  name  from  Mr.  Castro, 
who  obtained,  in  1842,  a  contract  from  the  Texan 
government  to  introduce  foreign  emigrants.  The 
majority  of  the  settlers  are  from  the  French  and 
German  borders  of  the  Rhine,  and  seem  to  be  hardy 
and  industrious  citizens.  They  speak  German 
4  (37) 


38  DESCRIPTION   OF   COUNTIES. 

amongst  themselves,  although  most  of  them  have 
sufficient  knowledge  of  the  EnglisVi  language  to  be 
able  to  transact  business  with  Americans.  There 
are  three  schools  in  this  thriving  place,  one  of  which,  is 
free  ;  and  the  rising  generation  are  receiving  inesti 
mable  advantages.  I  do  really  believe  that  the 
foreign  children  acquire  an  education,  in  English, 
sooner  than  those  born  of  American  parents.  I  have 
frequently  seen  German  children,  of  ten  or  twelve 
years  old,  who  were  much  further  advanced  than 
their  compeers  of  more  favored  birth. 

The  town  numbers  1000  souls,  within  the  incor 
porated  limits,  independent  of  a  large  rural  popula 
tion  in  the  close  vicinity. 

The  court-house  is  a  substantial  building:  there  is 
also  a  Catholic  and  a  Protestant  church,  the  former 
of  which  is  an  elegant  stone  building,  and  would  be 
creditable  to  a  wealthier  community.  Three  large 
stores,  several  smaller  ones,  a  brewery,  and  an  excellent 
water-power  grist-mill,  all  doing  good  business,  indi 
cate  thrift  and  prosperity.  The  dwellings  and  im 
provements  show7  that  the  inhabitants  have  exchanged 
their  dejected  condition,  in  their  faderland,  for  com 
fort  and  abundance. 

The  principal  wealth  of  this  county  arises  from, 
corn-planting,  and  raising  cattle,  horses,  hogs,  and 
poultry ;  for  which  a  ready  market  is  found  in  the 
military  posts  farther  west.  The  hauling  of  stores 
and  subsistence  for  the  army  is  also  an  important 
and  profitable  branch  of  business. 


DESCRIPTION   OF   COUNTIES.  39 

Three  settlements,  viz.,  Quihi,  Vandeuburgh,  and 
Dhanis,  are  west  of  Castroville,  and  improve  fast. 
This  portion  of  Texas  will,  in  a  few  years,  be  thickly 
settled ;  and  American  enterprise  and  energy,  joined 
with  German  industry,  perseverance,  and  frugality, 
will  make  it  the  wealthiest  portion  of  our  State. 

MATAGORDA  COUNTY. 

This  county  is  bounded  on  the  north  by  "Wharton 
county,  on  the  south  by  the  Gulf  of  Mexico,  on  the 
east  by  Brazoria  county  and  Gulf  of  Mexico,  and 
on  the  west  by  Calhoun  and  Jackson  counties. 

The  area  is  1334  square  miles,  about  510  of  which 
are  covered  by  Matagorda  and  Trespalacios  bays. 
The  general  surface  is  level,  and  classed  as  bottom  and 
prairie  lands.  There  is  much  alluvial  bottom-land  ia 
this  county,  which  is  nearly  all  well  adapted  to  the 
culture  of  cotton,  sugar-cane,  rice,  and  Indian  corn, 
besides  many  other  productions  of  minor  importance 
— sugar  and  cotton  being,  at  present,  the  staples  for 
exportation. 

The  alluvial  soils,  or  what  is  called  the  planting 
lands,  lie  on  the  east  side  of  the  Colorado  river,  and 
are  the  bottom-lands,  or  deposits,  which  it  has  taken, 
untold  ages  to  accumulate  on  Old  Caney,  Peach 
Creek,  Sinville  Bayou,  and  Live  Oak.  There  are 
several  other  smaller  streams  on  the  east  side  of  the 
Colorado,  with  good  bottom-lands  and  timber,  not- 
extensive  enough  for  plantations,  but  well  adapted 
for  small  farms  and  stock-raisers. 


40  DESCRIPTION    OF   COUNTIES. 

The  Colorado  lands,  in  the  lower  part  of  the 
county,  are  subject  to  occasional  overflows,  with  the 
exception  of  some  choice  spots ;  and,  therefore,  not 
withstanding  the  fertility  of  the  soil,  not  so  de 
sirable.  Old  Caney,  the  most  important  stream,  in 
an  agricultural  point  of  view,  runs  S.  E.  and  N.  W. 
through  the  county,  and  its  dry  bed  opens  into  the 
Colorado  in  Wharton  county:  from  the  immense 
alluvial  bottoms  on  each  side,  its  present  diminished 
waters,  and  deep  bed,  it  is  supposed  to  have  been  the 
former  main  channel  of  the  Colorado.  It  is  several 
miles  below  the  intersection  with  the  Colorado,  be 
fore  Caney  contains  any  water:  its  banks  never 
overflow  from  heavy  rains,  and  it  is  very  little  else, 
above  tide-water,  than  a  large  prairie  drain :  it  runs 
into  the  Gulf  of  Mexico,  in  the  south-eastern  part 
of  the  county :  it  is  also  connected  with  the  head  of 
Matagorda  bay  by  a  large  canal,  half  a  mile  long, 
which  is  navigable  for  the  largest  lighters.  The 
Caney  alluvial  deposit  is,  in  many  places,  thirty  feet 
deep ;  and  its  surface  is  covered  with  forests  of 
gigantic  oaks,  elms,  red  cedar,  and  cane  and  wild- 
peach  brakes.  The  cane  and  peach  lands  are  consi- 
lered  best  for  cultivation,  and  have  been  so  nicely 
compounded  and  proportioned  in  the  laboratory  of 
Nature,  that  no  other  soils  in  the  world  are  equal,  for 
the  production  of  cotton,  sugar-cane,  and  corn.  The 
Bay  of  Matagorda,  a  large  body  of  water,  almost 
wholly  within  this  county,  is  separated  from  the 
Gulf  of  Mexico,  and  formed  by  the  u  Matagorda 


DESCRIPTION   OF   COUNTIES.  41 

Peninsula,"  a  strip  of  land  sixty-five  miles  long,  and 
averaging  one  mile  wide.  It  lies  nearly  N.  E.  and 
8.  W.,  and  is  inhabited  by  small  farmers  and  stock- 
raisers.  A  portion  of  this  land,  lying  back  from  the 
Gulf,  is  an  excellent,  dark,  sandy  soil,  easily  culti 
vated,  and  very  productive  in  all  kinds  of  vegetation 
which  is  not  injured  by  the  sea-breeze.  Notwith 
standing  high  winds,  a  crop  of  sugar-cane  w^as 
raised  here,  several  years  since,  and  manufactured 
into  6rst  quality  sugar,  on  the  premises.  There  is 
no  healthier  region  in  the  world  than  Matagorda 
Peninsula;  and  many  invalids  have  been  restored  to 
sound  health  through  the  happy  influences  of  its 
pure  air  and  sea-bathing.  Game  and  fish  can  be 
obtained  here,  at  all  seasons,  with  ease  and  in  abun 
dance  ;  and  I  dare  assert,  that  I  have  never  seen  a 
place  where  poor  men,  by  agricultural  pursuits,  may 
live  so  easily,  and  so  soon  become  independent. 

The  bays  of  this  county  are,  Matagorda,  Trespa- 
lacios,  and  a  portion  of  Karanqua.  The  timber  is 
live-oak,  post-oak,  pin-oak,  pecan,  ash,  cotton-wood, 
white  and  red  elm,  mulberry,  red-cedar,  and  several 
other  kinds,  of  minor  importance. 

We  have  no  rock  or  stone,  excepting  conglome 
rates  ;  no  minerals  excepting  salt.  In  the  sea-board 
part  of  the  county,  at  from  five  to  ten  feet  below  the 
surface,  is  found  an  abundance  of  strongly  impreg 
nated  salt  water,  of  much  greater  density  than  sea 
water.  The  manufacture  of  salt  used  to  be  carried 

on,  in  this  county,  during  the  days  of   "Austin's 
4* 


42  DESCRIPTION    OF    COUNTIES. 

Colonial  Government,"  to  a  considerable  extent;  but 
scarcity  of  fuel  caused  its  abandonment:  it  is  thought, 
however,  that  solar  evaporation  may  be  profitably 
employed.  The  water-courses  in  this  county  are, 
the  Trespalacios  and  Colorado  rivers,  Peyton's  Creek, 
Caney,  Peach  Creek,  Linville  Bayou,  and  Live  Oak 
Creek,  all  of  which  are  unimportant  for  navigation, 
excepting  the  Colorado,  Trespalacios,  and  Caney : 
the  former  is  one  of  the  most  important  rivers  in  the 
State,  and  will,  with  some  little  outlay  for  clearing 
out  obstructions  of  fallen  timber,  become  navigable 
for  steamers  to  Austin,  about  300  miles  by  road.  .An 
appropriation  of  $50,000  was  made,  by  our  last  legis 
lature,  for  this  object;  which  sum,  if  properly  ex 
pended,  will  bring  the  people  of  the  Colorado  valley 
in  easy  communication  with  Matagorda  bay.  This 
river  is  the  great  natural  high-road  for  the  bulky, 
but  valuable,  productions  of  all  that  region  ;  and 
Matagorda  bay  is  the  natural  terminus  of  the  road, 
in  Texas.  At  some  point  on  the  bay  will  be  esta 
blished  the  receptacle  for  the  masses  of  raw  pro 
ducts,  as  they  are  floated  down  the  stream  for  a 
distant  mart;  and  here,  in  transit,  will  arrive,  in 
exchange,  the  "purples  and  fine  linens"  of  luxuiy 
and  extravagance,  together  with  the  more  useful 
articles  of  husbandry,  arts,  and  manufactures  —  all 
of  which,  by  means  of  the  interior  thoroughfare, 
will  be  quickly  diffused  throughout  all  the  regions 
round  about.  The  various  and  vast  amount  of  pro 
ductions  from  the  interior  will  attract  to  our  bay  the 


DESCRIPTION   OF   COUNTIES.  43 

shipping  and  wealth  of  distant  States,  and  build  up, 
at  some  favored  spot,  a  city  of  no  inconsiderable  size. 
It  is  no  enigma  where  that  sea-port  town  will  be ;  for 
Kature  has  favored  Palacios,  above  all  other  sites, 
with  the  advantages  of 'a  great  seaport  town.  It  is 
estimated  that  the  cotton  crop  of  1857,  in  the  five 
counties  below  Travis,  through  which  the  Colorado 
runs,  will  produce  at  least  60,000  bales;  not  to  reckon 
the  amount  produced  in  the  adjoining  tributary  coun 
ties,  and  the  other  productions  which  seek  a  market. 
All  this  now  goes  through  the  slow,  expensive,  and  de 
structive  process  of  being  hauled  to  Houston,  or  some 
other  inconvenient  place.  Trespalacios  and  Caney 
are  navigable,  for  large  lighters  and  small  steamers, 
a  short  distance  above  tide-water. 

This  county,  like  all  of  the  seaboard  country,  is 
too  level  for  much  regular  propelling  water  power ; 
however,  there  is  a  short  stream  called  Mill  Creek,  run 
ning  past  "  Selkirk's  Islands"  from  the  west  branch  of 
the  Colorado  to  the  east,  which  has  a  steady  fall  of 
three  or  four  feet,  and  could  be  used  for  machinery. 

The  grazing  facilities  are  equal  in  this  county  to 
any  in  the  State,  owing  to  the  abundance  of  fresh 
water,  the  fertility  of  the  prairie  soil,  and  the  pecu 
liarly  mild  winters ;  the  sea  atmosphere  mollifies  the 
rigors  of  January  and  February,  and  renders  pleasant 
the  summer  months. 

The  kinds  of  animals  kept  by  those  persons  who 
make  a  business  of  stock-raising,  are  horses  and  neat 
cattle,  excepting  on  the  "Peninsula,"  where  several 


44  DESCRIPTION   OF   COUNTIES. 

flocks  of  sheep  are  kept;  these  latter  animals  thrive 
nowhere  else  on  the  seaboard. 

West  of  the  Colorado,  and  all  that  portion  of 
Matagorda  County  watered  by  the  "Trespalacios,"  is 
exclusive!}7  occupied  by  stock-raisers  and  small  farm 
ers,  to  both  of  which  lucrative  callings  the  Trespa 
lacios  lands,  and  those  bordering  on  the  Colorado, 
are  well  adapted ;  $300  or  $400  invested  here  in 
cattle,  breed-horses,  and  land,  render  an  industrious 
man  independent  in  a  few  years.  Land  here  can  be 
purchased  at  from  $1  to  $2  per  acre,  stock  cattle  at 
$5  per  head,  and  brood-mares  for  $25  each.  Planters 
would  scorn  to  look  at  this  poor  region,  as  the  lands 
of  "Old  Caney"  are  too  rich  and  productive  for  them 
to  be  content  with  any  but  the  best  soil  in  the  wrorld  ; 
but  to  be  a  planter  requires  more  capital  than  belongs 
to  a  poor  man,  and  none  but  a  planter  should  think 
of  the  alluvial  bottoms. 

The  towns  in  this  county  are  Matagorda  and  Pala- 
cios;  the  former  is  a  very  old  place,  and  had  at  one 
time  a  considerable  commerce  with  foreign  countries, 
and  trade  with  the  interior  and  Mexico ;  in  fact, 
during  the  revolutionary  period,  it  was  a  frontier 
town.  It  is  situated  on  Matagorda  Bay,  which  lies 
in  front  and  to  the  south,  and  the  east  branch  of  the 
Colorado  forms  the  corporate  limits  on  the  north 
west,  and  disembogues  into  the  bay  about  one  mile 
below  the  town. 

All  shipping  drawing  over  seven  feet  water  are 
obliged  to  come  to  anchor  eight  miles  below. 


DESCRIPTION    OF   COUNTIES.  45 

The  town  contains  about  1200  inhabitants,  who 
rank  high  in  the  social  scale,  on  the  score  of  morality, 
hospitality,  and  superior  intellectual  endowments; 
they  are  also  very  fashionable  in  their  attire  and 
habits,  and  in  religion  are  generally  Episcopalians. 
There  are  many  fine  buildings,  and  several  commo 
dious  public  edifices.  The  latter  is  little  more,  at 
present,  than  a  town  site,  or  paper  town ;  neverthe 
less,  it  is  the  most  important  place  in  Texas,  consi 
dered  in  a  commercial  point  of  view.  Palacios  was 
surveyed  and  laid  off  several  years  since,  west  of  the 
Colorado  River,  on  a  high  point  of  land  between 
Matagorda  and  Trespalacios  bays,  and  is  in  a  more 
favorable  position  for  a  large  seaport  town  than  any 
other  on  the  whole  coast  of  Texas  ;  the  water  in  front 
of  the  towrn,  within  sixty  yards,  being  eleven  feet 
deep,  with  safe  anchorage,  and  good  holding  ground, 
and  is  perfectly  protected  from  all  prevailing  winds ; 
in  fact,  the  harbor  is  so  secure,  that  small  boats,  in 
passing  up  and  down  the  bay,  always  seek  refuge 
here  in  rough  or  threatening  weather.  The  distance 
to  the  Pass,  or  entrance  from  the  Gulf  of  Mexico,  is 
twenty  miles  south  by  west,  with  good  and  open  sea 
way.  The  largest  class  steamers  and  sail  vessels  that 
enter  the  bay  can  come  directly  up  to  Palacios,  with 
all  sails  set,  or  steam  up,  without,  impediment  or  risk 
of  danger.  This  place  being  firmly  seated  on  the 
mainland,  is  not  so  subject  to  serious  damage  from 
the  destructive  hurricanes,  or  cyclones,  which  visit 
our  coast  now  and  then,  as  are  other  places  more  ex- 


46  DESCRIPTION    OF   COUNTIES. 

posed,  and  on  lower  and  more  insecure  locations;  in 
fact,  within  the  last  two  or  three  years,  people  have 
began  to  think  that  the  islands  and  peninsulas  along 
the  Texas  and  Louisiana  coast  are  unsafe  for  human 
abiding  places;  and  to  any  one  who  experienced  our 
memorable  storm  of  September  18th,  1854,  or  beheld 
the  sad  relics  of  the  "Last  Island"  disaster,  the  debris 
lands  of  the  Gulf  coast  will  hardly  appear  suitable 
and  pleasant  for  permanent  settlements.  And  Gal- 
veston  Island,  with  all  its  boasted  accumulation  of 
people,  habitations,  wealth,  trade,  and  commerce,  is 
but  a  waif  of  the  ocean,  a  locality  but  of  yesterday, 
a  resting-place  for  drift  and  sea-birds,  liable,  at  any 
moment,  and  certain,  at  no  distant  day,  of  being  en 
gulfed  and  submerged  by  the  self-same  power  that 
gave  it  form.  Neither  is  it  possible  for  all  the  skilful 
devices  of  mortal  man  to  protect  this  doomed  place 
against  the  impending  danger;  the  terrible  power  of 
a  hurricane  cannot  be  calculated,  much  less  resisted; 
its  strength  is  the  awful  power  of  combined  elements, 
and  the  waters  of  the  mighty  deep  are  made  a  fear 
ful  and  sudden  engine  of  destruction  ;  a  part  of  the 
ocean  itself,  as  it  were,  is  lifted  up  and  onward,  and 
goes  rolling,  hurling,  and  crashing  over  the  low  coast, 
with  all  the  conceivable  fury  and  end  of  matter  attri 
butable  to  the  final  day,  carrying  devastation,  death, 
and  destruction  to  all  created  beings,  obliterating  the 
works  of  man,  and  frequently  blotting  out  the  low 
islands  and  coast  altogether.  I  should  as  soon  think 


DESCRIPTION   OF   COUNTIES.  47 

of  founding  a  city  on   an  iceberg  as  on  Galveston 
Island,  if  I  looked  to  its  safety  and  perpetuity. 

Palacios,  from  its  water  facilities,  and  otherwise 
favorable  locality,  seems  to  have  been  pre-eminently 
designed  by  Nature  for  the  emporium  seaport  town 
of  Texas,  and,  as  soon  as  trade  and  commerce  shall 
have  been  turned  to  their  proper  channels,  will  take 
Buch  position. 

LLANO  COUNTY. 

This  is  a  new  county,  in  Western  Texas,  and  in 
that  region  where  much  land  was  granted  to  the 
German  colonists :  the  Colorado  river  forms  its  east 
ern  boundary,  and  the  Kio  Llano  runs  through  the 
county.  A  writer  in  the  Texas  Christian  Advocate 
says:  " Twenty  miles  from  the  mouth  of  the  latter 
river  is  the  county-seat.  It  is,  like  all  other  Western 
streams,  clear  and  swift.  Five  miles  below  the  mouth 
is  the  Sandy,  a  small  stream.  There  are  many  indi 
cations  of  the  precious  metals  in  this  section.  The 
soil  is  not  of  great  depth,  and  is  underlaid  with  im 
mense  strata  of  rock,  embracing  granitic,  sandstone, 
and  thirteen  varieties  of  quartz  rock.  As  a  stock 
and  fruit  country,  it  is  unsurpassed.  The  Pack-saddle 
mountain  may  be  seen  from  twenty  to  fifty  miles, 
and  is  separated,  by  a  valley  of  two  miles  wide,  from 
all  other  hills  or  mountains :  it  has  two  abrupt  as 
cents,  called  domes,  which  give  to  the  mountain 
much  of  its  grandeur.  Honey  Creek  Cove  lies 
within  three  miles  of  the  Pack-saddle,  and  is  inha 
bited  by  a  number  of  settlers.  The  creek  empties 


48  DESCRIPTION   OF   COUNTIES. 

into  the  Llano,  and  has  a  numher  of  falls,  some  as 
high  as  sixty  feet;  and  there  is  much  water-power, 
and  situations  well  adapted  to  machinery.  The 
whole  valley,  or  cove,  can  he  irrigated  at  a  small 
expense ;  and  will,  I  have  no  doubt,  at  no  distant 
day,  be  converted  into  a  vineyard." 

NAVARRO  COUNTY. 

The  Pacific  railroad  line  runs  through  the  centre 
of  this  county.  Its  organization  is  of  recent  date, 
but  it  has  already  become  quite  populous.  This  is 
a  prairie  country,  with  timber  on  the  streams :  soil  is 
excellent  for  all  the  grains,  and  more  especially  for 
wheat.  It  is  said  that  three  times  as  much  wheat  is 
sown  this  year  (1857)  as  last.  Corn  is  worth  seventy- 
five  cents  per  bushel ;  the  wants  of  recent  emigrants 
keeping  up  the  price  much  above  the  cost  of  pro 
duction.  Pork  usually  sells  for  about  four  cents  per 
pound.  The  expense  of  getting  goods  from  Houston 
is  12J  cents  per  pound. 

An  abundance  of  good  and  low-priced  land  can 
be  bought  in  Xavarro ;  and  emigrants  will  find  a 
cordial  welcome,  abundance  of  supplies,  and  a  health 
ful  climate,  and,  what  is  quite  as  important,  good 
society. 

Distance  from  Houston  to  centre  of  county  is  175 
miles,  from  Galveston  200  miles,  and  from  Matagorda 
250  miles. 

The  lands  of  this  county  are  universally  fertile, 
and  easy  of  cultivation,  the  water  good,  and  stock 


DESCRIPTION   OF   COUNTIES.  49 

range  excellent.  Corn,  beef,  and  pork  are,  at  this 
date  (Feb.  1857),  abundant  and  cheap;  and  there  will 
be  no  lack  for  the  incoming  emigration  of  this  year. 
There  are  three  steam-mills  in  operation,  sawing 
lumber,  and  grinding  wheat  and  corn.  The  flour  of 
this  and  the  adjoining  counties  is  superior  to  any 
that  we  get  from  abroad.  Corsicana  is  the  county- 
seat,  and  a  place  of  considerable  importance :  there 
is  a  Presbyterian  church,  a  female  school  edifice,  a 
Masonic  and  an  Odd-Fellows'  lodge,  two  taverns,  two 
drug-stores,  ten  lawyers,  and  half-a-dozen  doctors, 
more  or  less.  The  town  of  Dresden  is  fourteen 
miles  wrest  of  Corsicana,  in  a  densely  populated 
neighborhood,  and  surrounded  by  rich  lands.  Taos 
is  situated  on  the  Trinity  river,  eighteen  miles  from 
Corsicana,  and  lies  at  the  crossing  of  the  Pacific 
railroad. 

!N"avarro  is  one  of  the  most  thriving  counties  of 
the  State ;  and  was,  but  a  few  years  since,  an  un- 
traversed  wilderness. 

ORANGE  COUNTY. 

This  county  is  at  the  head  of  Sabine  Lake,  and  is 
separated  from  Louisiana  by  the  Sabine  river:  it  is  a 
well-timbered  county,  having  very  little  prairie.  All 
of  the  coast  towns  in  Texas  receive  from  this  region 

O 

their  finest  cypress  lumber. 

The  bend  in  the  Sabine,  at  the  town  of  Madison, 
is  like  the  Mississippi  at  !N"e\v  Orleans,  on  a  small 
scale,  and  Madison  is  a  miniature  N"ew  Orleans.    The 
5 


50  DESCRIPTION   OF   COUNTIES. 

houses  are  tastefully  built,  and  the  place  has  the  ap 
pearance  of  quite  a  city:  the  principal  business  done 
here  is  the  lumber  trade.  A  number  of  steam  saw 
mills  are  erected  in  and  around  the  place,  and  the 
whole  Sabine  swamp  abounding  with  the  finest 
cypress  in  the  world,  lumber  is  both  cheap  and 
abundant.  Immense  quantities  of  shingles  are  also 
manufactured,  and  sell  at  about  $2-50  per  thousand. 
This  town  is  on  the  west  bank  of  the  Sabine,  about 
thirty-five  miles  from  the  sea-coast,  or  Sabine  Pass, 
a  small  town  on  the  Gulf  of  Mexico.  About  twenty- 
five  miles  of  this  distance  is  through  a  beautiful  lake, 
having  an  average  depth  of  seven  feet,  and  free  from 
shoals.  Sabine  Lake  is  surrounded  with  low  prairie 
laud,  which  makes  a  fine  stock  range.  On  the  way 
from  Sabine  Pass,  Jefferson  county,  to  Madison, 
Orange  county,  the  traveller  first  crosses  this  lake ; 
this  brings  him  to  the  mouth  of  the  beautiful  Sabine ; 
twelve  miles  up  the  Sabine  brings  him  to  Madison. 
This  distance  the  river  runs  through  a  low,  marshy 
country ;  but  the  navigation  to  Madison  cannot  be 
excelled  by  any  river  in  the  United  States.  Just 
above  Madison,  the  timber  begins ;  and  then,  for  600 
miles,  the  Sabine  runs  through  a  cypress  swamp, 
and  this  world  of  timber  must  be  manufactured  to 
supply  the  western  coast  of  Texas.  There  is,  also, 
plenty  of  yellow  pine,  white  oak,  and  timber  of  other 
kinds,  necessary  for  ship  building. 


DESCRIPTION   OF   COUNTIES.  51 

PARKER  COUNTY. 

This  is  a  newly  organized  and  settled  county,  on 
the  Upper  Brazos,  and  above  the  line  of  the  Pacific 
railroad.  A  desirable  region  for  small  farmers  — 
which  meed  of  praise  is  alike  due  to  all  of  the  ad 
joining  counties. 

Weathefford,  a  new  town,  and  the  county-seat,  is 
rapidly  increasing.  "Not  twelve  months  ago,  the  site 
was  laid  out:  there  are  already  a  court-house,  and 
several  other  public  buildings,  one  hotel,  several 
stores,  private  dwelling-houses,  and  other  marks  of 
civilization.  The  town  is  pleasantly  situated,  in  the 
"Upper  Cross  Timbers,"  and  is  well  supplied  with 
good  water,  and  with  an  abundance  of  timber.  There 
is  a  fine  chalybeate  spring  about  one-fourth  of  a  mile 
from  the  public  square :  it  is  said  to  possess  valuable 
medical  properties. 

Distance  from  Matagorda  240  miles. 

POLK  COUNTY. 

This  county  lies  on  both  sides  of  the  Trinity  river, 
and  is  steadily  increasing  in  population.  The  many 
streams  flowing  into  the  Trinity,  as  well  as  the  East 
Fork  of  San  Jacinto,  the  Big  Sandy,  and  the  Trinity 
itself,  have  large  bodies  of  rich  land,  suitable  for  the 
cotton-planters;  and  here  is  the  "Big  Thicket," 
celebrated  over  the  whole  State  for  its  extraordinarily 
fertile  soil.  The  rich  prairies  of  this  county  afibrd 
free  commons  to  any  number  of  herdsmen. 

Livingston,  the  county-seat,  is  a  small  but  thriving 


52  DESCRIPTION    OF   COUNTIES. 

• 

town,  substantially  and  tastefully  built.  Distance 
from  Livingston  to  Galveston  is  ninety  miles.  Mos 
cow,  another  town  in  this  county,  is  a  considerable 
place,  and  fast  increasing.  The  Henderson  and  Gulf 
railroad,  when  completed,  will  make  this  county  to 
blossom  as  the  Garden  of  Eden. 

ROBERTSON  COUNTY. 

The  31st  parallel  of  latitude  runs  through  the  cen 
tre  of  this  county,  and,  being  situated  very  nearly  in 
the  centre  of  the  settled  portion  of  the  State,  equi 
distant  from  the  Gulf  of  Mexico  on  the  south,  the 
grain  region  on  the  north,  the  Sabine  on  the  east, 
and  the  Rio  Grande  on  the  west,  many  advantages 
are  combined  that  are  rarely  to  be  found  in  any  other 
section  of  our  State.  This  county  is  bounded  on  its 
entire  west,  for  over  thirty  miles,  by  the  Brazos 
River,  and  on  the  east  by  the  Navasoto.  It  is  calcu 
lated  that  the  Brazos  valley,  so  far  as  it  bounds  this 
county,  will  average  four  miles  wide,  and  in  point  of 
fertility  of  soil  is  unsurpassed  by  any  lands,  not  only 
in  Texas,  but  in  the  world.  The  face  of  the  upland 
country,  as  the  traveller  leaves  the  Brazos  valley,  is 
exceedingly  beautiful  and  desirable.  The  ascent  to  the 
divide  between  the  two  rivers  (the  ^Tavasoto  and 
Brazos),  is  an  almost  imperceptible  rise  through  a 
succession  of  beautiful  sweeps,  or  long  slopes  of  coun 
try,  gradual  in  rise  and  declivity,  till  you  reach  the 
ridge  that  separates  their  waters.  The  uplands  each 
way,  or  to  either  stream,  are  heavily  set  with  fine 


DESCRIPTION   OF   COUNTIES.  63 

post  oak  timber,  and  are  of  a  deep  mulatto  or  yellow 
cast,  interspersed  with  creeks  running  through  at 
convenient  intervals,  affording  good  bottom  lands 
and  plenty  of  stock-water  in  the  driest  season. 

The  lands  of  this  county  are  well  adapted  to  the 
production  of  the  finest  cotton  raised  in  the  cotton- 
growing  States. 

Unimproved  lands  are  now  worth  $1-50  to  $3-50; 
these  lands,  in  a  year  or  two,  will  be  worth  three  or 
four  times  as  much. 

The  new  county-seat  of  Robertson  County  is  Ow- 
ensville,  situated  sixteen  miles  north  of  "Wheelock, 
on  a  beautiful,  elevated  spot  of  ground,  pretty  nearly 
in  the  centre  of  the  county,  and  on  the  dividing  ridge 
between  the  Brazos  and  BTavasoto,  and  within  one 
mile  and  a  half  of  the  proposed  route  for  the  Hous 
ton,  Red  River,  and  Central  Texas  Railroad.  A  fine 
court-house,  a  jail,  and  female  academy,  have  already 
been  erected.  Emigrants  will  do  well  to  turn  their 
attention  in  this  direction. 

RUSK  COUNTY. 

This  is  an  interior  eastern  county,  crossing  the 
line  of  the  Pacific  railroad :  the  soil  is  good,  and 
produces  all  the  grains :  much  cotton  is  also  raised 
in  this  county. 

Henderson  is  the  principal  town,  or  city ;  for  it  is 
a  place  of  much  size  and  note,  having  many  fine 
brick  buildings,  school-houses,  churches,  and  other 
public  edifices. 
5* 


54  DESCRIPTION   OF  COUNTIES. 

Rusk  county,  at  last  general  election,  gave  2000 
votes.  Distance  from  Galveston  to  Henderson  is  175 
miles. 

SMITH  COUNTY. 

This  county  lies  above  the  32d  degree  of  north 
latitude,  and  in  the  north-eastern  part  of  the  State; 
it  is  a  well-watered  count}7,  and  has  plenty  of  timber ; 
the  soil  is  fertile  and  productive,  and  climate  healthy. 
Tyler,  the  county-seat,  is  directly  on  the  line  of  the 
Pacific  Railroad  ;  it  is  already  a  place  of  considerable 
importance,  and  contains  many  buildings  of  taste 
and  beauty.  The  public  square  is  very  large,  and  in 
the  centre  is  a  natural  mound,  on  which  the  court 
house  is  built.  Education  has  received  the  especial 
attention  of  the  people  of  T}rler,  as  is  evidenced  by 
the  commodious  buildings  devoted  to  learning. 

TRAVIS  COUNTY. 

This  county  lies  on  both  sides  of  the  Colorado 
River,  about  150  miles  from  its  mouth.  Austin,  the 
seat  of  the  State  Government,  is  in  this  county,  on 
the  east  side  of  the  Colorado  River. 

This  is  a  good  farming  and  stock-raising  county, 
and  is  fast  increasing  in  population  and  wealth  ;  there 
is  plenty  of  timber  for  building  and  fencing,  and  a 
superior  kind  of  stone,  with  which  the  public  edifices 
and  many  private  residences  have  been  erected. 

The  total  amount  of  taxation  of  this  county  is 
$6,262-98.  There  are  2399  negroes,  4326  horses,  and 


or  -HE 
UNIVERSITY 

OF 


DESCRIPTION   OF   COUNTIES.  55 

16,928  head  of  neat  cattle,  besides  a  large  number  of 
hogs,  and  some  ilocks  of  sheep. 

Lands  near  Austin  are  held  at  high  prices,  but  at 
some  distance  from  town  can  be  bought  at  moderate 
rates.  When  the  slight  obstructions  in  the  Colorado 
have  been  cleared  out,  steam  navigation  will  be  open 
from  Matagorda  Bay  to  the  city  of  Austin,  for  several 
months  in  the  year. 

VAN  ZANDT  COUNTY. 

This  is  a  new  county,  above  the  line  of  the  Pacific 
Railroad  reserve,  containing  nearly  all  good  land,  and 
is  well  watered  ;  the  face  of  the  country  is  level,  with 
timber  on  the  streams,  and  small  prairies  between. 
The  land  is  easy  to  cultivate,  and  produces  sure  and 
abundant  crops  of  wheat  and  Indian  corn.  The  cli 
mate  is  healthy.  Land  can  now  be  bought  for  $1 
per  acre,  which  would  be  worth  $50  per  acre  if  there 
were  facilities  for  getting  produce  to  the  coast.  The 
Henderson  and  Galveston  Railroad,  now  in  progress 
of  construction,  will  develop  this  beautiful  region  of 
county.  Distance  from  Canton,  the  county-seat,  to 
Galveston,  200  miles. 

WASHINGTON  COUNTY. 

"Washington  County  is  on  the  west  side  of  ths 
Brazos,  that  river  marking  the  eastern  boundary. 
This  county  was  settled  in  the  early  history  of  Texas, 
and  still  numbers  among  its  inhabitants  many  of  the 
pioneer  families,  who  are  now  enjoying,  in  comfort- 


56  DESCRIPTION   OF   COUNTIES. 

able  independence,  their  hard-earned  rewards.  The 
county  has  much  substantial  wealth.  The  face  of 
the  country  is  level,  with  much  prairie,  excepting  on 
the  water-courses.  Cotton  is  the  most  important 
production,  and  one  for  which  the  climate  and  soil 
are  well  suited.  Brenham  is  the  county-seat,  and 
quite  a  thriving  place.  At  this  time  (1857)  there  are 
signs  of  vigorous  improvement,  and  many  new  build 
ings  going  up;  and  the  ox-wagons,  the  "peculiar 
institution"  of  this  country,  are  hauling  away  cotton, 
and  returning  with  merchandise  and  building  mate 
rials.  The  mechanics  are  all  fully  employed.,  and 
wagons,  ploughs,  and  furniture,  are  turned  out  in 
goodly  quantities.  The  constant  din  of  mechanical 
sounds,  as  the  rough  and  stubborn  wood  and  metals  are 
fashioned  for  the  convenience  and  comfort  of  man,  be 
speak  a  thriving  community.  The  location  of  Bren 
ham  is  beautiful ;  the  rolling  hills  surrounding  the 
town  diversify  the  scenery ;  and  the  stately  trees,  left 
as  Nature  planted  them,  lend  a  charm  to  the  pros 
pect,  and  beautify  the  happy  location.  A  writer 
says,  that  the  post  oak  land  of  this  county  is  much 
underrated ;  it  is  easier  cultivated,  and  fencing 
cheaper  than  in  the  prairie ;  there  is  in  these  lands 
the  advantage  of  an  abundant  supply  of  mast  for 
hogs. 

It  is  estimated  that  the  very  few  farmers  living  on 
the  Yeaguas,  in  this  county,  sold,  during  the  year 
1856,  100,000  pounds  of  pork,  at  4J  to  5  cents  per 
pound.  The  lands,  generally,  are  noted  for  their 


DESCRIPTION    OF   COUNTIES.  57 

productiveness,  readily  yielding  from  40  to  75  bushels 
of  corn  to  the  acre,  or  from  1000  to  3000  pounds  of 
cotton. 

Improved  farms  may  be  purchased  at  $10  per  acre, 
unimproved  land  at  §3.  There  is  plenty  of  red-cedar 
and  post-oak  timber,  and  many  other  less  valuable 
kinds. 

Brenham  is  100  miles  from  Galveston. 

YOUNG  COUNTY. 

This  is  the  extreme  north-western  county  in  the 
State,  and  lies  about  350  miles  north-west  of  Austin. 
It  was  formed  by  the  legislature  of  1856-7,  out  of  Cook 
county.  Fort  Belknap  and  the  Indian  reservation 
are  within  its  limits.  It  is  a  well  watered  and  tim 
bered  county,  and  a  desirable  place  to  live.  Follow 
ing  the  beaten  track  from  Fort  Graham,  in  Hill 
county,  to  Fort  Belknap,  you  will,  after  a  tedious 
journey  through  the  "Cross  Timbers,"  reach  a  range 
of  ragged,  but  open,  hills,  with  the  Brazos  meander 
ing  through  the  narrow  valley.  Fort  Belknap  may 
be  seen  in  the  distance :  it  is  a  situation  of  consider 
able  importance,  and  has  a  spacious  magazine,  com 
fortable  quarters  for  the  troops,  and  buildings  for  the 
officers.  Below  the  fort  is  a  fine  spring,  and  a  well 
of  considerable  depth,  affording  abundance  of  good 
water.  South  of  the  fort,  at  the  distance  of  half  a 
mile,  is  the  county-seat  of  Young.  In  the  neighbor 
hood  is  a  bed  of  bituminous  coal,  of  a  superior 
quality,  which,  at  some  future  day,  will  be  a  valuable 


58  DESCRIPTION   OF   COUNTIES. 

product.  Following  the  course  of  the  river  about 
three  miles  up  stream,  we  find,  on  the  west  side,  the 
mouth  of  Post-oak  Creek,  with  farms  in  close  neigh 
borhood  :  the  creek  is  about  eight  or  ten  miles  long, 
and  has  a  body  of  land  about  twelve  miles-  in  width, 
covered  with  post-oak.  On  the  east  side  of  the  river 
are  the  Belknap  Springs,  affording  plenty  of  water 
for  ordinary  purposes.  Pursuing  the  river  still  higher 
up,  we  find  the  mouth  of  Elm  Creek :  fertile  lands 
border  its  banks,  wThich  are  well  timbered :  there  are 
half-a-dozen  families  settled  on  this  creek.  A  little 
distance  higher  up  is  the  mouth  of  California  Creek: 
here  is  a  beautiful  valley  of  land ;  only  one  settler 
resides  in  the  valley.  Six  miles  further  up  the  Bra 
zos  brings  the  traveler  to  Boggy  Creek:  it  is  of 
considerable  length,  fertile  soil,  and  inexhaustible 
grazing.  There  are  no  settlers  in  this  valley.  On 
an  elevated  point,  on  the  east  side  of  the  river,  is 
another  of  the  famous  springs  of  Young  county : 
here  is  the  highest  settlement  on  the  river.  Taking 
a  northerly  course,  you  ascend  the  dividing  ridge 
between  the  head-waters  of  the  Trinity  and  the 
valley  of  the  Brazos.  From  this  elevated  plateau, 
the  most  romantic  and  enchanting  scenery  is  spread 
out  before  the  vision :  on  the  one  side  are  seen  the 
numerous  little  branches  of  the  Trinity,  dotted  with 
timber,  and,  on  the  other,  the  vast  wilderness  of  the 
Brazos  valley,  stretching  far  away  'Upon  the  sight : 
in  other  directions,  there  appears  to  be  no  visible 
terminus  of  prairie.  Here  the  deer  and  the  antelope 


DESCRIPTION   OF   COUNTIES.  59 

freely  range,  seldom  disturbed  by  the  rifles  of  the 
white,  or  the  arrows  of  the  red  man.  The  valley  of 
the  Brazos,  above  Fort  Belknap,  averages  between 
five  and  six  miles  wide.  It  has  much  good  land  and 
timber,  sufficient  for  small  farmers  and  stock-raisers. 
The  highest  point  of  post-oak  timber  lies  about  thirty 
miles  above  Fort  Belknap,  where  there  are  many 
large  groves.  Here  the  banks  of  the  Brazos  are 
low :  the  bed  of  the  river  is  wide  and  shallow,  and 
the  water  becomes  quite  salt  as  you  ascend.  On  the 
high  prairie  bordering  the  valley,  there  is  an  abun 
dance  of  mezquit  timber,  and  fine  grazing ;  but  it  is 
rather  sparingly  watered.  South  and  east  of  Belk 
nap,  settlements  are  sprinkled  over  the  country,  at 
short  distances.  Salt  Creek,  running  into  the  Bra 
zos  from  the  east  side,  and  Rock  Creek,  from  the 
west  side,  have  much  post-oak  timber  on  their 
borders,  which  afford  a  plentiful  supply  of  mast  for 
hogs.  On  Salt  Creek  there  is  a  good  supply  of 
building  timber.  Following  a  trail  from  Fort  Belk 
nap,  about  twelve  miles,  in  a  south-eastern  direction, 
over  rugged  hills,  you  come  to  the  villages  of  the 
"Wacos  and  Tonkaways,  upon  the  "Indian  Reserva 
tion  :"  at  the  distance  of  a  mile  is  the  large  trading- 
house  of  Charles  Barnard,  and  the  residence  of  the 
Indian  agent.  Six  miles  further,  on  a  beautiful  emi 
nence  in  the  bend  of  the  Brazos,  you  come  to  the 
villages  of  the  Delawares,  Caddoes,  and  Shawnees. 
The  Clear  Fork  of  the  Brazos  is  an  important 
stream :  its  waters  run  the  whole  year,  and,  unlike 


60  DESCRIPTION   OF   COUNTIES. 

the  Brazos,  are  sweet  to  the  taste.  The  valley  is 
already  settled  as  high  up  as  Carnp  Cooper,  and 
emigrants  are  coming  in  daily. 

During  the  year  1856,  about  2500  acres  of  land 
were  under  'cultivation,  in  this  county.  There  are 
several  thousand  head  of  stock  in  the  countjT.  The 
paarket  is  good,  but  limited,  at  present,  to  Fort 
Belknap  and  Camp  Cooper:  beeves  are  worth  $13 
per  head ;  flour  $6  to  $8  per  cwt. ;  common  laborers 
$20  per  month,  and  scarce :  teams  h'nd  constant  em 
ployment,  at  good  rates. 

There  is  every  reason  to  believe  that  this  county 
abounds  in  gypsum,  coal,  iron,  and  many  other 
minerals,  as  large  lumps  of  coal,  and  metallic  ores, 
have  been  found  in  the  beds  of  all  the  streams,  and 
in  sinking  wells. 


CHAPTER  IV. 

STOCK-RAISING. 

THE  raising  of  neat  cattle  and  horses  is  a  business 
in  this  State  well  adapted  to  persons  of  small  capi 
tals  ;  and  men  in  moderate  circumstances,  with  fami 
lies,  find  it  very  profitable  and  remunerative  employ 
ment  for  their  boys,  as,  at  the  age  of  eight  or  ten,  they 
soon  become  as  efficient  as  grown  hands,  and  are  far 
more  apt  in  learning. 

Boys  who  are  brought  up  in  the  stock  business 
become  much  attached  to  it,  and  their  interests  are 
generally  stimulated  by  making  them  the  owners  of 
a  few  head,  which,  by  the  time  of  their  majority,  are 
increased  to  a  respectable  property,  on  which  to  set 
up  for  themselves.  During  the  winter  months  cattle 
require  no  attention,  thus  affording  to  the  youth  a 
period  of  leisure,  for  school  and  study;  and,  in  fact, 
during  the  so-called  laboring  seasons,  there  is  much 
.spare  time,  which  may  be  employed  in  the  compa 
nionship  of  books.  The  only  drawback  which  exists 
to  educating  the  "stock  boys,"  is  that  the  best  loca- 
tions  are  not  usually  in  neighborhoods  where  schools 
are  situated.  But,  under  the  disadvantage  of  a  lack 
of  schools,  the  parents,  if  they  possess  the  inclination, 
6  (61) 


62  STOCK-RAISING. 

have  sufficient  time  during  the  year  to  impart  much 
intellectual  instruction  to  their  sons.  The  employ 
ment  of  cattle-raising  is  healthful,  and  imparts 
muscle,  vigor,  and  agility,  to  the  youthful  frame,  and 
forms  the  constitution  for  hardship,  and  the  mind  for 
boldness  and  enterprise,  without  being  in  itself 
hazardous,  or  even  severely  laborious.  It  is  invigo 
rating  to  both  body  and  mind,  and  models  and  trains 
them  to  manly  independence ;  imparting  attributes 
which  are  likely  to  render  the  possessor  a  .successful 
combatant  in  the  vicissitudes  of  life.  Stock-raising 
pays  a  better  per  centage,  is  more  certain  in  profitable 
results,  and  requires  less  risks  than  any  other  regular 
business.  It  is  also  a  business  in  which  a  large  or 
small  capital  can  be  employed,  with  like  certainty  of 
success,  and  not  like  many  others,  which  cannot  be 
conducted  beneficially  without  vast  outlay.  It  is  a 
business  requiring  no  apprenticeship,  and  but  little 
skill,  and  the  labor  arid  care  are  not  continuous.  It 
is  a  business  which  quickly  converts  the  unclaimed 
and  exhaustless  herbage  of  the  wide-spread  prairie- 
commons  into  money  capital,  through  the  quiet  in 
strumentality  of  the  lowing  herds.  It  turns  that 
into  property  and  money  which  otherwise  would  re 
turn  again  to  the  soil,  or  be  blown  by  the  autumn 
winds  away,  or  melt  before  the  swift  fires  which 
sweep  over  these  regions,  and  leave  the  earth  for 
miles  as  bare  as  before  the  ages  of  vegetation.  Stock- 
raising  rescues  from  the  elements,  and  turns  the  tran 
sient  herbage  into  property,  and  makes  it  yield  em- 


STOCK-RAISING.  63 

ployment  and  support  to  many  persons,  and  adds 
wealth  and  importance  to  the  State. 

The  Texas  prairies,  with  their  never-failing  coats 
of  verdure,  are  alike  the  property  of  all  for  the  pur 
poses  of  pasturage,  and  those  who  improve  these 
natural  advantages  are  rescuing  from  the  earth  wealth 
which  will  go  to  stimulate  the  general  prosperity. 

A  stock-raiser  commencing  business  purchases  his 
one  or  two  hundred  acres  of  land,  near  to,  or  at  the 
edge  of  a  prairie,  and  on  the  border  of  a  creek,  spring, 
or  water-course  of  some  kind ;  for  here  he  can  always 
find  timber  for  his  buildings  and  fences,  and  protec 
tion  of  the  shade  trees  from  the  summer  sun  and 
northern  blasts.  Usually  these  favorite  situations  are 
on  the  outskirts  or  surroundings  of  the  prairies ;  but, 
in  many  instances,  the  prairies  themselves  are  inter 
spersed  with  "motts,"  or  "islands"  of  timber,  con 
taining  from  a  few  rods  to  many  acres ;  and  some 
times  they  are  likewise  covered  with  a  growth  of  ma 
jestic  live  oaks ;  nevertheless,  with  this  seeming  con 
tradiction  of  terms,  these  are  prairies,  there  being 
neither  underbrush  nor  shrub,  but  the  oaks  growing 
singly,  and  sufficiently  near,  to  shade  the  ground 
without  deteriorating  the  grass.  A  person  can  ride 
through  them  with  as  little  trouble  as  he  can  traverse 
an  orchard.  Such  prairies  look  to  a  stranger  like 
grounds  which  have  once  been  in  the  keeping  of  man, 
and  the  trees  themselves  speak  of  civilized  antiquity ; 
but  the  fresh  grass  and  cheerful  aspect  lead  the  way 
farer  to  expect  evidences  of  settlements ;  the  thought 


64  STOCK-RAISING. 

is  that  civilization  has  long  held  dominion,  and  that 
Nature,  unaided,  never  arranged  such  human-like 
scenery.  These  natural  groves  and  parks  and  mea 
dows  have  no  signs  about  them  which  the  traveller 
would  look  for  in  a  recently-settled  countr}r,  but 
everything  betokens  long  occupation,  without  show- 
ing  any  one  work  made  by  the  hand  of  man,  or  mark: 
of  his  designing.  Frequently,  in  travelling  through 
such  scenery,  the  stranger,  despite  his  better  know 
ledge,  is  constantly  expecting  to  see  the  turrets  of  a 
baronial  castle,  or,  at  least,  a  sombre  brown  stone 
mansion  rising  among  the  trees.  Often,  benighted 
wayfarers,  after  a  hard  day's  ride,  on  coming  to  such 
a  region,  are  sadly  disappointed  in  their  calculations 
about  refreshments  ;  and,  during  the  tedious  vigils  of 
the  night,  as  they  lie  camped,  with  no  cover  but  the 
canopy  of  Heaven,  do  they  ever  and  anon  prick  up 
their  ears  to  an  imaginary  cock-crow  or  dog-bark, 
when  perhaps  there  is  not  a  domestic  animal,  save 
their  own  jaded  mule,  within  a  hundred  miles. 
This  scenery  is  grand  and  majestic,  yet  chaste,  beau 
tiful,  and  harmonious  as  the  Garden  of  our  Fore 
fathers. 

Some  of  the  large  prairies  have  very  few  islands 
of  timber,  or  trees,  or  brush  of  any  kind,  and  a  per 
son  near  the  centre  can  only  see  a  low,  dim  line  of 
misty  green,  which  is  the  timber  on  the  water 
courses,  that  define  and  bound  the  prairies.  Some 
times  the  limits  are  beyond  the  vision,  and  the  tra 
veller  beholds  a  boundless  ocean  of  grass,  here  and 


STOCK-RAISING.  65 

there  dotted  with  dark  spots,  indicative  of  small  tim 
ber  islands,  which  agreeably  relieve  the  sameness. 
These  islands  are  frequently  signs  of  springs,  or  of  a 
greater  degree  of  moisture  near  the  surface.  The 
streams  and  water-courses,  which  bound  the  prairies, 
all  have  bottoms  of  greater  or  less  extent,  which  are 
covered  on  either  side  with  heavy  growths  of  timber; 
and  again,  beyond  the  bottoms,  those  natural  mea 
dows  commence;  but  the  timber  and  shrubbery  are 
continually  encroaching  on  them  from  every  side, 
and  diminishing,  year  by  year,  their  area ;  roads, 
cow-paths,  and  water-gullies,  tend  to  isolate  small 
tracts,  and  thereby  foster  and  protect  the  foresters 
from  the  devouring  element,  fire,  which  is  their 
scourge ;  but,  in  time,  this  process  will  convert  the 
prairies  into  woodland.  Near  the  seaboard,  the  prai 
ries  are  of  the  most  uniform  surface  and  greatest  ex 
tent.  A  man  journeying  over  one  becomes  asto 
nished  at  the  magnificent  grandeur  of  their  propor 
tions,  and  is  much  dissatisfied  with  his  own  puny 
efforts  at  progress ;  the  straining  eye  becomes  sated 
and  tired  with  the  sameness,  and  longs  for  a  hill  or 
precipice,  or  some  other  natural  deformity,  wherewith 
to  be  diverted. 

When  the  stock-raiser  has  made  his  selection,  the 
first  business  is  to  build  a  pen,  for  the  herding  of  his 
cattle,  and  then  a  small  log  or  frame  house,  covered 
with  oak-boards ;  next,  he  fences  in  a  few  acres  of 
the  rich  prairie,  for  the  culture  of  his  corn  and  gar 
den  "stuff;"  as  he  expresses  it,  "makes  a  patch 
6*  ' 


66  STOCK-RAISING. 

large  enough  to  bread  his  family."  And,  in  truth, 
all  the  space  that  this  family,  with  their  stock,  will 
occupy,  out  of  the  whole  prairie  before  them,  is  but 
a  patch ;  and  hundreds  of  other  patches  might  be 
appropriated,  without  apparently  diminishing  the 
great  whole.  The  cattle-raiser  supplies  himself  with 
two  or  three  Mexican  horses,  for  herding,  a  few  hogs, 
and  other  domestic  animals ;  and,  having  a  small  stock 
of  cattle,  no  family,  with  moderate  means,  can, 
under  any  other  circumstances,  begin  so  soon  to 
feel  independent  of  the  world,  for  all  the  comforts 
of  life. 

In  commencing,  it  would  be  best  to  purchase  one 
hundred  head  of  cows,  with  their  calves,  and  two  or 
three  bulls.  A  stock  started  in  this  way  remains 
more  gentle,  and  are  riot  so  apt  to  stray,  as  an  ave 
rage  stock :  they  can  be  purchased,  in  this  way,  for 
$10  the  cow  and  calf.  The  increase  is  very  rapid, 
and  soon  outnumbers  the  highest  calculations  of  the 
sanguine  owner.  The  stock  require  very  little  atten 
tion,  excepting  in  the  spring  and  fall :  in  March,  the 
herding  and  marking  and  branding  the  young  calves 
are  performed :  where  there  are  many  stocks  com 
mingled,  in  one  range,  the  owners  club  together,  and 
drive  herds  of  one  or  two  hundred  into  a  pen,  when 
each  owner  singles  out  his  calves,  ropes  and  brands 
them.  This  herding  is  continued  until  all  but  a  few 
scattering  ones  are  gone  through  with.  In  the  fall 
season,  when  the  weather  becomes  cool,  the  herding, 
marking,  branding,  and  altering,  are  again  done,  in 


STOCK-RAISING.  67 

the  same  way :  this  time  includes  all  the  stragglers 
left  at  any  previous  branding,  and  all  that  have  been 
dropped  since  spring.  In  a  small  stock,  whose  range 
is  near  no  other,  so  that  the  owner  has  to  depend  for 
its  management  on  his  own  force,  it  is  deemed  best 
to  be  frequently  among  them,  and  to  mark,  brand, 
and  alter  the  calves  as  soon  as  they  are  old  enough, 
always  having  regard  to  the  proper  seasons.  This 
keeps  the  stock  more  tractable,  and  familiarizes  them 
with  man ;  and  the  owners  soon  come  to  know  every 
animal  in  the  herd,  and  one  cannot  get  astray  with 
out  being  missed.  Stocks  of  cattle  will  thrive  and 
increase,  with  very  little  care  and  attention ;  but  it  is 
found,  from  experience,  that  the  bestowal  of  a  con 
siderable  degree  of  attention  on  them  is  well  remu 
nerated,  and  that  they  become  more  docile. 

There  is  always  a  demand  for  beef  and  stock  cat 
tle  :  men  come  here,  and  buy  up  large  droves  of  the 
latter,  for  the  Missouri  and  Illinois  farmers,  and  Cali 
fornia  rancheros :  in  those  places,  the  cattle  are  more 
valuable  than  in  Texas.  Many  beef-cattle  are  shipped 
from  here  to  New  Orleans,  and  much  of  the  regular 
supply  for  said  city  comes  from  Texas.  Indian ol a, 
on  Matagorda  bay,  is  the  principal  shipping-port  for 
cattle.  There  are  several  persons,  at  that  place,  who 
make  regular  shipments,  every  week,  by  the  steamers. 
Galveston  and  Corpus  Christi  have  participated  in 
this  trade,  but  many  more  beeves  are  shipped  from 
Matagorda  bay  than  all  other  ports.  The  high  value 
of  hides,  for  the  last  year,  has  added  much  to  the 


68  STOCK-RAISING. 

profits  of  the  stock-raiser.  They  used  to  be  thought 
hardly  worth  saving,  and,  when  saved,  the  stretch 
ing  and  curing  was  so  carelessly  performed,  that  very 
little  was  received  for  them :  of  late,  a  better  eco 
nomy  has  dictated  more  care ;  and  our  hides,  which 
are  really  of  extra  quality  intrinsically,  are  becoming 
quite  an  article  of  commerce.  During  our  war  with 
Mexico,  I  have  seen  thirty  beeves  killed,  every  other 
day,  to  supply  the  army,  and  the  hides  thrown  to  the 
vultures. 

Steers,  at  three  and  four  years  old,  are  considered 
beeves ;  and  are  sold  to  contractors,  who  ship  them 
to  New  Orleans,  or  to  the  planters  here.  The  value 
of  four-year-olds  is  about  $15.  The  stock-raisers 
who  have  families,  generally,  during  the  spring  and 
summer  months,  have  their  pens  full  of  milch-cows, 
from  each  of  which  they  take  but  little  milk,  and 
are  continually  turning  out  and  replenishing  their 
yards  from  the  prairies.  The  calves  of  the  milking- 
cows  are  kept  up,  so  long  as  their  dams  are  required ; 
and  they  and  the  milker  divide  the  products  of  the 
udder,  the  calves  getting  the  greatest  share.  Large 
quantities  of  butter  and  cheese  might  be  made  by 
the  stock-raisers;  but  an  improvident  neglect  in  our 
people  allows  those  articles  to  be  imported  from 
abroad,  in  large  quantities  —  foreign  butter,  in  the 
winter,  frequently  selling  at  fifty  cents  per  pound, 
and  cheese  at  twenty-five  cents. 

The  term  "stock-cattle"  is  conventional,  and 
means,  in  five  hundred  head,  the  following  propor 
tions,  viz. : 


STOCK-RAISING.  69 

170  cows,  with  their  calves, 

65  steer-calves,  under  one  year  old, 

65  heifer-calves,  under  one  year  old, 

55  two-year-old  steers, 

55  two-year-old  heifers, 

45  three-year-old  steers, 

45  three-year-old  heifers ; 

making  500  head,  of  all  varieties.  And  such  a  stock 
of  cattle  is  worth  $2500,  or  at  the  rate  of  $5  per 
head.  The  selling  price  per  head  does  not  vary, 
whether  the  stock  be  large  or  small.  There  are  laws 
requiring  every  stock-owner  to  adopt  a  mark  and 
brand  different  from  any  of  his  neighbors,  and  to 
have  the  same  recorded  in  the  county  clerks  office. 
The  criminal  laws  have  several  provisions  for  the 
protection  of  stock  owners'  rights  against  dishonest 
persons:  there  is  also  an  estray-law,  which  obliges 
the  taker-up  of  a  strange  animal  to  give  sufficient 
publicity. 

The  cattle  of  this  State  have  never  been  subject  to 
any  endemical,  epidemical,  or  contagious  diseases, 
to  make  the  business  of  stock-raising  precarious  and 
uncertain ;  and  very  few  die,  excepting  the  old  cows 
— these  generally  live  to  the  age  of  twenty  years,  and 
frequently  have  calves  the  last  year.  However,  the 
inclement  wrinter  of  1855—6  was  extremely  disastrous 
to  stock  of  all  kinds,  and  even  to  wild  animals :  in 
Texas,  it  is  estimated  that  at  least  twenty-five  per 
cent,  of  all  the. neat  cattle  in  the  State  died  from  the 
effects  of  cold :  some  of  the  older  States  are  said  to 


70  STOCK-RAISING. 

have  lost  over  fifty  per  cent.,  from  the  same  cause ; 
but  such  a  season  was  never  before  experienced. 
Thousands  of  cattle,  in  good  order,  became  so  para 
lyzed  with  intense  cold,  that  they  dropped  down 
while  feeding,  and  perished  where  they  fell.  During 
all  of  the  fall  of  1855,  and  the  fore  part  of  the 
winter,  the  weather  wTas  genial  and  warm,  like 
spring :  the  annual  trees  leaved  out,  arid  many  blos 
somed,  and  the  prairies  were  clothed  with  the  newest 
and  brightest  green,  mingled  with  tender-painted  wild- 
flowers  of  every  hue :  fig-bushes  were  loaded,  and 
the  fruit  ripened;  and  the  contented  stock  were 
basking  in  a  paradise  of  rich,  juicy  herbage;  but, 
about  Christmas,  a  change  came  over  this  scene,  and 
the  face  of  Nature,  which  so  recently  had  glowed 
with  tropical  verdure,  was,  by  a  sudden  change  of 
temperature,  metamorphosed  into  a  Siberian  aspect 
—  the  green  was  all  wilted,  withered,  sered,  and 
turned  to  sombre  brown ;  and,  from  the  previous 
superabundance  of  graminivorous  food,  the  stock- 
cattle  became  reduced  to  old  fog.  This  extreme 
cold  commenced  on  the  24th  day  of  December,  1855, 
and  ended  about  the  1st  of  March,  1856.  The 
greatest  cold,  on  the  coast,  was  15°  below  the  freezing- 
point;  and,  as  18°  is  the  point  that  kills  annual  vege 
tation,  every  kind  of  prairie  herbage  was  soon  dead. 
Grass  was  all  destroyed,  at  that  early  date ;  and  about 
seven  weeks  elapsed  before  any  signs  of  spring  were 
seen,  and  all  of  March  passed  before  much  food 
could  be  obtained  for  the  thousands  of  starving  cat- 


STOCK-RAISING.  71 

tie :  the  dead  grass  of  the  prairies  had  undergone  a 
baneful  chemical  change,  by  the  action  of  frost ;  and 
it  had  not  only  lost  its  nutritive  qualities,  but  was 
positively  injurious;  and,  opening  the  animals  that 
died,  their  stomachs  were  found  full  of  undigested 
rubbish.  Old  cows,  and  bulls  of  all  ages,  suffered 
most ;  yearlings  next ;  and,  after  these  latter,  even 
yearlings  whose  dams  had  not  been  milked  the  pre 
vious  summer,  seemed  little  able  to  bear  the  severity. 
Cattle  that  were  sheltered  from  the  cold  winds  suf 
fered  as  much  as  those  left  to  themselves,  in  the 
open  prairies  —  though  the  sufferings  of  the  former 
were  more  from  want  of  food  than  from  cold.  The 
seaboard  counties,  and  all  of  that  region  of  country 
lying  west  of  the  Colorado,  are  well  adapted  to  stock- 
raising  ;  but  the  coast  counties  are  preferable  to  the 
interior :  the  former  combine  many  advantages,  the 
prairies  being  larger  than  in  the  interior,  winters 
shorter,  and  the  grass  continues  good  the  whole  year, 
the  heat  of  summer  being  tempered  by  the  delightful 
breezes  of  the  Gulf  of  Mexico,  and  at  no  time  is  the 
weather  on  the  prairie  oppressive. 

Another  great  advantage  to  a  large  stock-raiser  is, 
that  shipping  depots  are  handy,  from  any  point  in 
those  counties,  and  agents  are  constantly  scouring 
the  country,  gathering  in  beeves  for  New  Orleans. 
Matagorda  and  Jackson  counties  I  think  preferable  to 
any  others,  and  the  prairies  of  Trespalacios  and  Ka- 
rankawa  are  certainly  unsurpassed  in  the  requisites 
for  this  business. 


72  STOCK-RAISING. 

The  best  shipping  place  for  the  coast  country  is  the 
town  of  Palacios,  which  has  hereinbefore  been  re 
ferred  to.  It  is  the  most  natural  and  convenient 
place,  for  the  crafts  which  navigate  the  Colorado,  to 
load  and  discharge  at :  here  the  deep  water  and  firm 
land  are  in  close  proximity ;  and  good  roads  can  be 
stretched  out  to  the  interior,  in  every  direction. 

There  are  many  desirable  situations  for  stock-raisers 
and  small  farmers  along  the  Trespalacios  and  its  spring 
tributaries. 

It  will  be  seen,  by  the  comptroller's  report,  that 
some  of  the  interior  counties  have  many  more  cattle 
than  any  of  those  on  the  seaboard ;  but  it  must  also 
be  recollected,  that  the  area  of  the  former  is  many 
times  greater.  There  is  now  one  young  man  living 
on  the  Trespalacios  who  has  a  stock  of  10,000 
head ! 

There  is  one  important  matter  which  the  people 
of  Texas  have  almost  wholly  neglected,  viz.,  an  im 
provement  of  their  cattle,  by  importing  superior 
stock  from  abroad :  through  this  oversight  or  parsi 
mony,  our  stocks  have  suffered  much  deterioration, 
in  the  qualities  most  desired. 

Steers  from  the  Texas  prairies  make  very  good 
work  oxen,  are  tractable  and  easily  broken :  they 
are  much  used  by  the  planters  and  farmers,  in  the 
cultivation  of  their  crops,  and  in  hauling  the  same 
to  market.  The  Texas  cattle  are  descendants,  with 
few  crosses,  from  the  old  Mexican  stocks,  and  they 
are  well  adapted  to  the  country:  still,  where  the 


STOCK-RAISING.  73 

breed  has  been  crossed  by  better  stock,  the  offspring 
are  superior,  and  thrive  well. 

As  I  before  remarked,  our  cattle  have  many  good 
traits :  the  steers  are  easily  broken,  and  gentle  treat 
ment  will  overcome  the  wildest:  they  are  never 
vicious,  but  extremely  tractable  when  taken  out  of 
the  prairie. 

The  usual  practice  of  farmers,  whenever  they  want 
work  oxen,  is  to  go  to  the  prairie,  and  neck  together, 
with  ropes,  as  many  pair  of  three  and  four-year-old 
steers  as  they  desire  :  these,  in  the  course  of  a  week  or 
so,  can  be  yoked  to  the  draught.  I  have  seen  boys 
thirteen  years  old  ploughing  with  three  yokes  of  these 
oxen,  holding  the  plough,  and  managing  their  teams 
with  nothing  but  a  small  whip. 


CHAPTER  V. 

SHEEP  —  HONEY-BEES. 

SHEEP-RAISERS,  in  Texas,  have  not,  as  a  general 
thing,  been  successful,  excepting  on  the  islands  and 
peninsulas  along  the  coast.  In  all  probability,  the 
failures  have  been  more  owing  to  want  of  proper 
attention,  than  to  any  innate  defect  of  herbage  or 
climate. 

The  Mexican  stocks  that  have  been  introduced  to 
these  localities  have  universally  kept  healthy,  im 
proved  in  the  fleece,  and  multiplied  exceedingly  fast. 
Horses  and  rnules  are  raised,  with  as  little  trouble 
and  expense  as  cattle,  in  all  parts  of  the  State.  The 
native  stock,  with  a  heavier  cross,  makes  the  best 
offspring  for  service  and  endurance;  and  tley  will 
maintain  themselves  in  good  condition,  on  the  prai 
ries,  winter  and  summer,  and  only  require  the  ad 
ditional  feed  of  a  few  ears  of  corn,  when  continually 
worked.  The  prairies  were  all,  in  former  times,  well 
stocked  with  wild  horses,  or  mustangs;  and  they  still 
range  in  those  prairies  where  they  have  not  been  too 
much  disturbed.  Many  of  these  animals  are  of 
remarkable  symmetry  of  body  and  limb,  and  equal 
in  speed  and  bottom  to  the  Arab  barb. 

(74) 


HONEY-BEES.  75 

Only  a  few  years  have  elapsed  since  there  was  a 
large  drove  of  those  animals  that  ranged  on  the 
Mutagorda  prairie;  and  two  of  the  finest  of  the 
males  were  caught,  after  running  and  counter-run 
ning  600  or  700  miles,  breaking  down  several  relays 
of  horses  and  riders.  A  fine  breed  of  horses  has 
sprung  from  one  of  these  animals. 

HONEY-BEES. 

These  insects  have  not  been  extensively  cultivated, 
but  sufficiently  so  to  show  that  they  are  worth  the 
attention  of  farmers.  The  trees,  shrubs,  and  flowers 
of  Texas  are  never-failing  sources  for  these  indus 
trious  producers;  and  they  require  no  attention,  ex 
cepting  at  swarming  time,  and  to  gather  the  sweets 
of  their  silent  labors :  here,  too,  they  are  very  seldom 
afflicted  with  vermin  and  insects,  and  thrive  best 
when  left  to  their  own  way.  Every  family  may, 
without  cost,  have  its  twenty,  thirty,  or  a  hundred 
hives,  and  make  it  a  source  of  profit,  pleasure,  and 
gratification. 

The  forests  are  full  of  wild  bees,  and  every  old 
hollow  tree  is  filled  with  well-stored  cells ;  and  this 
is  the  case  even  in  the  vicinities  of  long  and  thickly 
settled  communities :  very  little  pleasant  trouble  will 
always  insure  an  abundance  of  wild  honey,  during 
the  proper  season.  Any  one  can  furnish  himself 
with  a  stock  of  bees,  by  hiving  the  swarms  of  wild 
ones,  in  the  spring,  as  they  migrate  from  the  pater 
nal  domlcil.  Wild  bees  become  domestic,  and  pro- 


76  HONEY-BEES. 

duce  well.  I  have  seen  350  hives  of  bees  in  the 
front-yard  of  one  cottage,  standing  on  the  ground: 
in  summer  time,  when  the  whole  upper  world  was 
full  of  them,  it  was  like  running  the  gauntlet,  to  get 
to  the  house.  The  production  of  these  hives  was  a 
nice  income  for  the  owner :  his  wax  was  shipped  to 
New  York,  and  the  honey  was  put  up  in  casks,  and 
sent  to  the  seaboard  towns,  where  it  always  found 
ready  purchasers.  I  suppose  the  net  proceeds  were 
not  less  than  $1000  per  annum.  Thus  can  the  pru 
dent  man,  in  a  new  country,  make  subservient  to  his 
profit  and  comfort  the  boons  of  Nature,  which, 
without  foresight,  would  be  wasted  on  the  desert  air: 
he  can  greatly  relieve  from  his  shoulders  the  curse 
which  is  inherited  from  our  original  parents. 


CHAPTER   VI. 

WHEAT. 

THIS  important  grain  has  only  been  cultivated  a 
few  years  in  Texas ;  and,  in  fact,  that  portion  of  the 
State  best  adapted  to  it  was  but  yesterday  an  unin 
habited  wilderness.  The  best  wheat  region  is  above 
the  line  of  32°  north.  I  learn  that  there  is  much  of 
the  last  year's  crop  on  hand,  which,  for  want  of 
facilities  of  getting  to  market,  is  not  at  present  a  very 
remunerative  crop.  Farmers  bring  wheat  to  Austin 
from  a  distance  of  200  miles,  and  also  to  Houston,  a 
distance  of  over  300  miles  ;  and  hauling  back  freights 
makes  the  business  pay ;  but  nothing,  in  comparison, 
is  netted  to  the  farmer,  that  would  be,  if  there  were 
railroads. 

However  great  the  discouragements  labored  under, 
they  have,  by  their  energy,  tested  the  qualities  of  our 
soil,  and  practically  demonstrated  that  all  of  the 
northern  part  of  Texas  is  pre-eminently  a  superior 
wheat  country.  And,  I  would  ask,  if,  with  all  the 
drawbacks  which  the  wheat-raisers  now  are  subject 
to,  they  have  been  able  to  profitably  succeed,  what 
will  be  the  wonderful  results,  when  good  merchant- 
mills  are  established,  and  railroad  communication  ex 
tends  from  the  coast,  through  the  planting  sections, 
to  the  wheat  region  ? 

7*  (77) 


78  WHEAT. 

Northern  Texas  can  supply  all  the  balance  of  the 
State  with  good  superfine  flour,  and  successfully 
compete  with  the  Western  States  in  the  New  Orleans 
market.  We  have  the  soil  and  climate  for  wheat, 
and  only  require  the  stimulus  of  proper  inducements 
to  bring  its  culture  into  extensive  operation. 

The  following  is  the  wheat  crop  of  twenty-five 
counties,  for  the  year  1856,  viz : 

Counties.  Bushels. 

Burnett 10,000 

Cass 28,000 

Cherokee 20,000 

Colin 130,000 

Cook 20,000 

Coryell 15,000 

Dallas 150,000 

Denton 10,000 

Ellis  50,000 

El  Paso 100,000 

Fannin 125,000 

Grayson 100,000 

Henderson 25,000 

Hill 20,000 

Hopkins , 50,000 

Hunt 50,000 

Johnson 30,000 

Kaufman 60,000 

Laraar 150,000 

McLellan 30,000 

Navarro 30,060 

Red  River 100,000 

Tarrant., 40,000 

Upshur  20,000 

Williamson 25,000 

Total 2,133,000 


WHEAT.  79 

There  are  seventy  counties  in  the  State  which  pro 
duced  wheat  last  year  (1856). 

The  "  State  Gazette,"  a  reliable  newspaper,  pub 
lished  at  Austin,  says  the  citizens  of  Colin  County 
are  furnishing  Fort  Washita  with  flour  at  the  low 
price  of  $2-75  per  cwt,  or  about  $5-50  per  bbl.  New 
wheat  has  been  selling,  in  the  wheat-growing  coun 
ties,  during  the  last  winter,  for  50  cents  per  bushel. 
It  is  only  a  year  or  so  since  the  farmers  in  the  fore 
going  counties  commenced  raising  wheat;  and,  in 
deed,  it  is  but  a  short  time  ago  since  those  counties 
were  undefined  and  uninhabited  regions  of  wilderness. 

The  wheat  culture,  as  yet,  is  only  an  experiment, 
conducted  without  the  proper  appliances,  and  to  the 
greatest  disadvantage ;  but  still,  enough  has  been 
done  to  conclusively  demonstrate  that  wheat  is  des 
tined  to  be  the  most  valuable  production  of  this  State. 
All  of  the  counties  north  of  31°  can  depend  on  wheat 
as  a  certain  crop. 


CHAPTER  VII. 

CREDIT. 

CREDIT,  in  Texas,  is  the  universal  rule,  and  prompt 
payment  the  exception ;  the  system  runs  through  all 
business,  from  the  smallest  account  to  the  most  im 
portant  contract. 

The  doctor,  the  lawyer,  the  editor,  the  merchant, 
mechanic,  and  undertaker,  all  furnish  their  wares  on 
credit,  and  so  wre  live  and  pass  through  life,  and 
finally  die  on  tick. 

During  the  Republic,  and  particularly  in  the  latter 
days  thereof,  people  became  apparently  very  poor  in 
the  circulating  medium.  All  kinds  of  property  were 
very  much  depreciated  ;  land  and  stock-cattle  had  no 
convertible  cash  values ;  business  transactions  became 
very  limited  between  the  citizens,  and  nearly  all  their 
trade  was  carried  on  in  barter,  and  the  exchange  of 
commodities  ;  and  in  the  sales  of  property  and  effects, 
on  credit,  to  be  paid  for,  at  some  future  time,  in  other 
property.  Having  little  commerce  and  connection 
by  trade  with  foreign  countries,  that  promptness  and 
certainty  which  is  the  life  and  soul  of  regular  business, 
were  lost  sight  of,  and  a  disregard  to  the  fulfilment  of 
promises-  became  general.  Thus,  a  man  purchased  of 

(80) 


CREDIT.  81 

his  neighbor,  under  a  solemn  promise  to  make  pay 
ment  in  a  given  time,  predicating  his  obligation  on 
the  faith  of  promises  made  by  others  to  him,  which, 
of  course,  failed ;  he  was  necessarily  not  punctual, 
because  others  disappointed  him  ;  his  neighbor  could 
not  fulfil  his  duties  to  others,  because  his  means,  on 
which  such  duties  were  predicated,  were  in  the  hands 
of  his  debtors.  And  the  ramifications  of  debt,  credit, 
bad  faith,  broken  contracts,  and  disappointed  calcu 
lations,  became  the  general  rule  of  society.  Cattle 
and  horses  were  good  conventional  representatives  of 
value,  but  land  was  not  current,  and  the  possessor  of 
an  over-quantity  was  impoverished  by  the  taxes  on  a 
species  of  property  which  possessed  no  real  active 
market  value.  Men  became  disregardful  of  all  punc 
tuality  in  their  contracts,  because  others  broke  their 
words  to  them ;  if  a  negligent  debtor  had  not  acted 
exactly  as  he  had  agreed,  he  was  no  worse  than  peo 
ple  generally  around  him,  and  no  one  thought  him  a 
worse  man.  Careless  indifference  for  the  moral  obli 
gation  of  all  contracts  became  so  general,  that  even 
those  who  had  the  means  of  promptly  paying  their 
debts,  found  it  hard  to  belie  the  ruling  fashion. 
Every  person  used  the  privilege  of  running  in  debt 
to  the  extent  of  his  or  her  ability  of  doing  so. 

On  the  formation  of  our  State  Constitution,  it  was 
hoped  that  some  kind  of  a  banking  system  would  be 
legalized,  but  the  democratic  wisdom  of  the  members 
of  the  Convention  w7ho  manufactured  our  Constitu 
tion,  would  not  for  an  instant  entertain  such  an 


82  CREDIT. 

enormity  as  a  banking  law.  They  forgot  that  we 
were  to  become  an  important  agricultural  and  com 
mercial  people;  that  our  exports  and  imports  would, 
in  a  few  years,  become  extensive ;  that  a  business 
medium  of  exchange,  after  the  fashion  of  other  civi 
lized  communities,  would  be  required;  and  if  we 
could  not  have  it  of  our  own,  our  necessities  would 
force  us  to  contribute  to  the  prosperity  of  neighboring 
States,  for  the  use  of  their  banking  paper.  The 
barbaric  restrictions  in  our  Constitution  against 
banks,  have  obstructed  all  of  our  commercial  trans 
actions  with  the  people  of  other  States,  and  been  the 
fostering  cause,  at  home,  of  all  the  evils  of  a  loose 
credit  system.  Our  fathers,  in  their  enthusiastic 
regard  for  hard  currency,  overlooked  the  salutary  and 
invigorating  results  of  a  good  banking  system  ;  they 
had  been  too  long  isolated  from  the  busy  concerns 
and  interests  of  the  trading  world  to  legislate  intel 
ligently  for  a  young  and  thriving  nation.  They 
seemed  to  have  forgotten  that  a  safe  banking  system, 
is,  in  all  ages,  the  balance-wheel,  which  regulates  all 
business  relations  of  society,  and  causes  the  people 
to  be  prudent,  prompt,  and  reliable,  in  all  their  deal 
ings  ;  that  establishes  punctuality  between  man  and 
man,  promotes  the  morals  of  society,  conduces  to  fair 
dealing,  and  makes  it  not  only  dishonorable,  but 
unprofitable,  for  any  man  to  forfeit  his  word  or  his 
bond.  The  people  of  Texas,  under  their  new  segis 
of  a  State  Government,  not  having  the  proper  con 
straints,  examples,  and  incentives,  did  not  reform,  to 


CREDIT.  83 

any  noticeable  degree,  their  old  habits  of  running  in 
debt ;  and  when  the  agricultural  wealth  of  our  coun 
try  began  to  be  developed,  and  to  create  commercial 
business  with  foreign  States,  and  the  merchandise 
and  productions  of  other  people  were  attracted  here 
for  a  market,  the  credit  system  continued  ;  the  mer 
chants  sold  on  credit,  and  the  planters  and  farmers, 
mechanics  and  citizens,  bought  on  credit;  and  so  it 
continues,  throughout  all  classes,  to  this  day.  Old 
habits  are  hard  to  be  rid  of,  without  some  powerful 
influence  to  the  contrary;  and  the  accessions  of 
population  from  abroad,  instead  of  tending  to  a  re 
formation,  easily  fall  into  the  customs  of  the  country. 
All  merchants'  accounts  for  goods  sold  to  the  in 
habitants  during  the  year,  are  considered  due  on  the 
following  first  of  January.  Those  that  are  not  paid 
at  that  date  are  generally  closed  by  promissory  note, 
bearing  ten  per  cent,  interest  from  date,  and  made 
payable  one  day  after  date ;  and  frequently,  when  an 
account  is  settled  in  this  manner,  the  merchant  also 
charges  2J  per  cent,  for  advancing.  He  can  make 
no  calculation  on  getting  in  his  debts  at  any  parti 
cular  time;  and  often,  after  long  and  vexatious  de 
lays,  rendered  doubly  annoying  by  the  constant  re 
ception  of  polite  notes  from  his  friends  in  New  York 
and  New  Orleans,  he  is  obliged  to  sue;  this,  even  if 
he  saves  the  whole  of  his  debt,  is  at  a  cost  often  per 
cent.,  to  be  paid  to  his  lawyer.  Some  portion  of  the 
amount  credited  out  by  the  merchant,  during  the 
year,  is  certain  to  be  totally  lost  in  bad  debts;  and 


84  CREDIT. 

all  of  these  losses,  of  course,  are  taken  into  consi 
deration  in  regulating  his  scale  of  profits.  The  mer 
chants  who  go  into  the  great  marts  to  purchase  their 
stocks  of  goods,  under  the  disadvantages  of  the  repu 
tation  of  being  slow  and  uncertain  paymasters,  are 
forced  to  pay  much  higher  prices  than  a  more  prompt 
class.  Therefore,  the  New  York  merchant  who  sells 
to  the  Texan  merchant,  knowing  the  precarious  busi 
ness  of  his  customer,  puts  on  to  the  price  his  profit 
accordingly,  to  cover  interest  on  uncertain  time  of 
payment,  and  a  liberal  charge  as  insurance  for  pro 
bable  losses  and  ultimate  litigation.  The  Texan,  in 
order  to  prosper,  must,  and  does,  when  he  sells  his 
goods,  charge  his  profits  on  the  exhorbitant  prices 
which  he  has  paid ;  and,  like  the  ISTew  Yorker,  he, 
too,  charges  his  extras  in  the  way  of  interest  on  long 
time,  and  an  insurance  against  the  probable  average 
of  bad  debts.  And  all  of  this  accumulated  load  of 
charges  has  to  be  borne  by  the  consumers ;  they  are 
the  real  sufferers.  Besides,  the  blandishments  of  an 
easy  credit  system  are  very  liable  to  lead  its  votaries 
to  embarrassment  and  ultimate  ruin.  Thus  the  far 
mers'  and  planters'  families,  who  have  unlimited 
credit  at  the  neighboring  stores  during  the  year, 
purchase  many  more  goods  than  they  would  if  credit 
were  abolished ;  they  are  not  prudent  with  what  they 
do  get,  and  they  pay  more  than  cash  values,  and 
thereby  their  expenses  are  enhanced,  and  accumu 
lating  debts  created. 

"When  brief  credit  accommodates  the  necessities  of 


CREDIT.  85 

prudent  persons,  it  is  beneficial ;  but,  when  it  minis 
ters  to  the  imperative  calls  of  extravagance,  its  effects 
are  destructive. 

Our  merchants,  with  a  few  exceptions,  are  inexpe 
rienced  young  men  when  they  commence  business, 
whose  capital  consists  of  the  letters  of  recommenda 
tion,  which  they  obtain  from  responsible  persons,  and 
take,  in  place  of  more  substantial  substance,  to  the 
commercial  cities  of  the  North.  These  are  used, 
instead  of  money,  in  the  purchase  of  stocks  of  goods, 
to  be  sold  out  in  Texas.  Purchases  made  under 
such  great  disadvantages,  too  frequently  cause  our 
merchants  to  be  unsuccessful  in  business ;  they  often 
are  forced,  after  a  precarious  existence  of  two  or  three 
years,  amid  the  constant  vexations  of  duns  from  their 
creditors  abroad,  and  forfeited  promises  from  their 
debtors  at  home,  to  close  up,  with  broken  spirits, 
frustrated  expectations,  and  ruined  reputations,  to 
the  heavy  loss  of  their  too  facile  creditors.  Thus,  in 
many  instances,  have  honest  young  men  been  ruined 
by  the  great  facilities  afforded  for  getting  stocks  of 
goods,  and  becoming  merchants.  As  this  is  a  por 
tion  of  the  credit  system,  and  comes  into  the  general 
account  of  losses,  our  consumers,  the  Texan  planters, 
farmers,  and  stock-raisers^  have  its  incidents  to  pay 
for  in  the  way  of  high  prices  on  all  the  articles  which 
they  purchase.  The  system  of  credit  has  made  goods 
more  expensive,  in  Texas,  than  they  otherwise  would 
be ;  and  if  a  few  solitary  consumers  pay  cash  for 
their  merchandise,  they  still,  under  the  present  state 
8 


86  CREDIT. 

of  affairs,  must  pay  to  the  merchant  charges  which, 
were  predicated  on  the  credit  system.  The  whole 
system  is  a  wrong,  and  vitally  injurious  to  the  con 
sumer.  Men  totally  unsuited  for  merchants  get 
goods  too  easily,  and  the  merchants  of  New  York, 
and  other  large  cities,  are  too  willing  to  sell,  and  too 
slow  to  discriminate  between  their  customers.  Young 
men  are  very  apt  to  misjudge  their  capacities,  and  to 
entertain  a  false  notion  about  the  different  occupa 
tions  of  life ;  it  has  become  a  current  sentiment, 
that  the  selling  of  merchandise  confers  a  gentlemanly 
distinction,  while  the  honest  vocation  of  cultivating 
the  earth  is  considered  only  adapted  to  rustic  gro 
vellers. 

In  a  new  country,  fast  settling  with  emigration 
from  older  States,  short  credite  are  useful,  and  fre 
quently  absolutely  necessary,  to  enable  the  settler  to 
get  along  for  a  year  or  two  ;  for,  most  generally,  they 
are  men  of  limited  means,  and  the  whole  of  it  is  re 
quired  in  the  purchase  of  lands  and  stock  animals ; 
they  must  have  many  things  which  they  cannot 
bring  with  them,  and,  for  such  necessaries,  a  credit 
at  the  neighboring  stores  is  useful ;  but,  after  the 
first  two  or  three  years,  no  more  credit  should  be  re 
quired,  or,  if  indulged  in,  it  ought  to  be  short,  and 
promptly  wiped  out,  either  by  money,  or  by  cotton, 
corn,  hides,  or  other  productions.  The  merchants 
of  ISTew  York,  and  other  cities,  who  sell  for  the 
Texas  trade,  should  only  entrust  their  goods  to  those 
persons  who  have  ample  tangible  capital,  or  who 


CREDIT.  87 

give  undoubted  security  on  property  in  Texas ;  and 
then,  if  men  will  undertake  mercantile  business 
without  proper  capacity,  the  losses  by  their  ruin  will 
not  have  to  be  paid  for  by  the  Texan  consumers.  I 
have  frequently  known  men  to  contract  debts,  in 
New  York,  of  $20,000  yearly,  without  giving  any 
security,  and  who  could  not,  had  they  not  in  posses 
sion  such  goods,  so  bought  on  credit  of  strangers, 
have  purchased,  in  Texas,  $500  worth  of  property  on 
a  credit,  without  giving  security.  Let  the  New 
York  merchants  look  more  to  the  security  of  their 
business  transactions,  and  the  quickness  and  certainty 
of  their  returns;  let  them  take  such  precautions, 
that  losses  shall  not  be  possible ;  let  them  do  only 
what  any  ordinary  man,  in  any  ordinary  business 
transaction,  considers  necessary,  to  wit :  make  pro 
per  security  paramount,  make  prompt  payment  ail 
object  of  primary  importance,  and  the  Texas  trade 
would  become  established  on  a  firmer  basis,  and  the 
consumers  would  become  more  prosperous  and 
better  producers.  Let  the  consumers  eschew  credit, 
for  it  is  the  incubus  of  their  lives,  the  moth  which 
secretly  destroys  their  substance.  • 

The  productions  of  Texas,  which  are  suitable  for 
foreign  markets,  are  abundant  and  numerous,  such. 
as  cotton,  sugar,  hides,  beeswax,  and  wool,  and  far 
superior  in  value  to  all  the  merchandise  which  we 
require  from  abroad  ;  these  are  every  year  increasing ; 
but,  instead  of  being  of  full  benefit  to  the  producers, 
much  of  their  values  are  frittered  away  by  the  enor- 


88  CREDIT. 

mous  expenses  of  the  credit  system.  Credit,  at  best, 
is  subserviency  to  a  hard  master;  and,  when  the  peo 
ple  become  so  lost  to  their  own  interests  as  to  adopt 
credit  altogether,  the  springs  of  their  prosperity  are 
directed  into  improper  channels,  and  the  resources 
of  the  producer  are  consumed  in  paying  for  curses 
rather  than  blessings. 


CHAPTER  VIII. 

SCHOOLS. 

THE  people  of  Texas  have,  by  princely  munifi 
cence,  laid  the  foundation  of  a  general  system  of 
education.  This  subject  has  been  well  considered, 
and  has  received  the  particular  attention  of  every 
successive  legislature,  since  annexation. 

To  diffuse  the  means  of  education  throughout  the 
land,  and  to  bring  it  near  the  door  of  every  habita 
tion,  without  cost  to  the  recipient,  will  be  the  ulti 
mate  effect  of  these  wise  provisions.  During  the  Re 
public  of  Texas,  Congress  appropriated  four  leagues 
of  laud  (or  17,712  acres)  to  every  county,  for  educa 
tional  purposes,  and  every  new  county  receives  the 
like  amount  of  land :  besides,  the  constitution  of  the 
State  has  provided,  that  no  less  than  one-tenth  of  the 
annual  State-tax  shall  be  set  apart  for  purposes  of 
education ;  which  money  passes  to  the  credit  of  the 
common-school  fund,  and  is  held  inviolably  sacred 
for  that  purpose. 

By  a  law  of  1854,  the  sum  of  $2,000,000,  of  the 

five  per  cent.  U.  S.  bonds,  was  also  set  apart  for  a 

special  school-fund;  and,  by  a  law  of  1856,  the  same 

was  blended  with  the  money  derivable  from  the  tenth 

8*  (89) 


90  SCHOOLS. 

of  the  taxes,  and  the  whole  is  made  a  general  school- 
fund  :  the  interest  derivable  from  all  school  moneys 
is  appropriated  annually  for  schools.  Our  State 
being  large,  and  sparsely  settled,  has  prevented,  as 
yet,  the  school  system  from  going  into  general  prac 
tical  effect.  By  a  recent  enactment,  each  county  has 
been  laid  off  into  common-school  districts,  and  a 
certain  portion  of  the  school-fund  is  to  be  divided 
among  the  several  counties,  according  to  the  number 
of  children  from  six  to  sixteen  years  of  age.  The 
tuition  of  poor  children  is  first  to  be  provided  for  out 
of  the  appropriation,  and  the  balance  is  divided  pro 
rata  among  the  other  scholars.  It  is  not  presumed 
that  this  money  will  be  sufficient  to  pay  the  whole 
year's  tuition,  in  any  one  district,  but  it  will  go  far 
in  educating  the  poor.  The  lands,  together  with  the 
increasing  fund,  must,  under  ordinary  circumstances, 
place  the  means  of  education  within  the  reach  of 
every  child  in  the  State.  Both  during  the  Republic 
and  under  the  State  government,  much  public  land 
has  been  granted,  in  fee  simple,  to  institutions  of 
learning,  aside  from  the  general  grants.  Institutions 
so  endowTed  are  scattered  throughout  the  older  parts 
of  the  State ;  and,  with  increasing  renown  and  im 
portance,  they  are,  year  by  year,  nurturing  up  males 
and  females  in  the  paths  of  virtue  and  high  intellec 
tual  development.  Schools,  academies,  churches, 
and  newspapers,  are  sure  guarantees  of  liberty  to 
the  people ;  for,  where  education,  religion,  and 
knowledge  are  general,  none  but  just  laws  can  be 


SCHOOLS.  91 

made ;  a  proper  regard  will  be  observed  for  the  rights 
of  all;  justice,  correct  principles,  and  our  republican 
institutions,  will  be  sustained,  and  tyranny  repelled 
by  united  force.  A  few  years,  and  a  few  more  thou 
sand  emigrants,  will  ripen  and  perfect  our  school 
system,  and  make  our  valuable  lands  available  for 
all  the  noble  ends  and  purposes  intended.  And, 
even  now,  the  want  of  a  good  English  education,  by 
the  very  poorest  of  the  rising  generation,  will  be 
more  attributable  to  criminal  neglect,  or  want  of 
natural  capacity,  than  to  a  lack  of  the  means.  Emi 
grants  from  the  older  States,  who  have  children,  need 
not  fear  that  the  privileges  of  schools  will  be  left 
behind ;  for  they  can  settle  in  almost  any  county  in 
the  State,  and  still  enjoy  all  the  blessings  of  a  refined 
and  cultivated  civilization.  Schools,  churches,  and 
newspapers,  the  concomitants  of  well-organized  so 
ciety,  are  accessible  and  convenient  to  every  commu 
nity,  and  a  very  superior  degree  of  general  intelli 
gence  distinguishes  this  people  above  any  of  the  new 
States  of  the  Union. 

Sixty-four  newspapers  are  published  in  this  State : 
far  more,  it  is  true,  than  pay  well ;  but  the  ability 
and  intelligence  displayed  in  their  columns,  show 
that  really  good  editors  can  subsist  on  very  short 
commons.  We  already  have  men  of  eminence  in 
all  the  walks  of  literature  and  science,  arid  public 
libraries  and  lyceums  have  been  established  in  all  the 
towns. 


CHAPTER  IX. 

TAXATION,     AND     HOW    IT     AFFECTS     THE     OWNERS     OP 
PROPERTY. 

THE  rate  of  taxation  is  fifteen  cents  on  each  hun 
dred  dollars'  valuation  of  real  and  personal  property. 
There  are  excepted  from  taxation  two  hundred 
and  fifty  dollars'  worth  of  household  furniture,  or 
other  personal  property,  to  each  family. 

County  taxes  may  be  one-half  of  the  State-tax, 
but  shall  not  exceed  that  rate. 

For  the  years  1854-5-6-7,  nine-tenths  of  all  the 
State-tax  has  been  relinquished  to  the  respective 
counties  in  which  the  taxed  property  is  situate,  and 
the  remaining  tenth  of  said  tax  goes  to  the  credit  of 
the  common-school  fund.  Persons  owning  property 
must  make  out  their  assessment  list,  and  hand  it  to 
the  assessor  and  collector  of  taxes,  between  January 
and  May  of  each  year. 

Property  situate  in  any  county  in  the  State  can  be 
given  in,  and  taxes  paid  in  any  other  county. 

Taxes  become  due  on  the  first  of  October  of  each 
year,  and  are  payable  at  any  time  between  that  and 
the  following  first  of  March. 

(92) 


TAXATION.  93 

TO     PERSONS    WHO    OWN    LANDS    IN    TEXAS,    AND    HAVE 
NEGLECTED   TO    PAY   TAXES. 

All  lands  which  have  not,  in  years  past,  been  re 
gularly  given  in  for  assessment  and  taxation,  have 
been  assessed  as  non-residents'  property,  and  sold  for 
taxes  and  costs.  All  such  lands  have  either  been 
purchased  by  individuals,  or  bid  in  by  the  State.  By 
a  law  passed  Feb.  5,  1856,  the  owners  of  such  lands, 
so  bid  oft*  by  the  State,  may  redeem  the  same  by 
paying  to  the  assessor  and  collector  where  the  land 
lies,  or  to  the  comptroller,  at  Austin,  all  arrearages 
of  unpaid  taxes,  with  fifty  per  cent,  per  annum  on 
all  the  taxes  that  are  or  should  be  due  on  such  lands 
up  to  time  of  payment,  and  two  dollars  fee,  over  and 
above  the  other  charges.  When  land  is^  purchased 
by  an  individual,  at  tax-sale,  the  deed  of  the  assessor 
and  collector,  provided  it  be  regularly  recorded  in  the 
proper  office,  becomes,  according  to  law,  prima  facie 
evidence  of  title  in  the  purchaser ;  provided,  further, 
that  the  person  whose  property  has  been  sold  for 
taxes,  shall  have  two  years  to  redeem  the  same,  by 
paying  to  such  assessor,  or  to  the  purchaser,  double 
the  amount  of  taxes,  with  costs  of  sale.  All  lands 
not  rendered  in  for  taxation,  are  valued  and  assessed 
by  the  assessor,  according  to  the  average  valuation 
of  all  the  land  in  the  counties  where  situate. 

ADVICE   TO   NON-RESIDENTS   OWNING   LANDS   IN   TEXAS. 

You  see,  by  the  foregoing  laws,  that  if  your  pro 
perty  here  is  not  attended  to,  it  will  inevitably  be 


94  TAXATION. 

sold  for  the  taxes ;  and  that,  if  not  bid  in  by  the 
State,  you  stand  a  fair  chance  of  having  it  sacrificed 
to  the  cupidity  of  some  wily  speculator,  or  of  reco 
vering  it  only  at  the  termination  of  an  expensive 
law-suit  —  a  hazard  wrhich  should  not  be  run  by  any 
man  who  has  any  regard  for  his  own  welfare.  It  is 
true,  that,  in  the  States  of  Ohio  and  Illinois,  where 
the  greatest  number  of  tax-sales  have  been  made,  and 
the  most  tax- titles  have  been  tested  in  the  courts,  few 
have  withstood  the  ordeal :  it  is  said  that  only  twenty- 
five,  out  of  many  hundreds,  have  been  sustained; 
still,  it  is  suicidal  policy  to  trust  one's  property  to 
the  chances  of  law. 

Only  two  or  three  tax-cases  have  been  decided  by 
our  courts  of  last  resort,  and  those  went  against  the 
tax  purchasers ;  but,  I  suppose,  at  an  expense  to  the 
winner  of  nearly  the  value  of  the  property  recovered. 
The  cases  decided  will  be  no  inducement  or  argument 
for  tax  purchasers  to  give  up  their  acquisitions  easily; 
for  the  reason,  that  each  tax  purchase  rests  for  its 
validity  on  its  own  peculiar  circumstances.  If  the 
preliminaries  to  the  sale,  and  the  sale  and  concomi 
tants,  have  been  done  and  observed  according  to  law, 
then  the  tax-sale  becomes  a  perfect  title,  and  fully 
vests  the  property,  after  two  years. 

If  you  have  lands  in  Texas,  and  no  attention  has 
been  given  to  them,  for  several  years,  be  assured  that 
they  have,  ere  this,  been  sold  for  taxes;  and,  if  worth 
owning,  in  all  probability  passed  into  the  hands 
of  speculating  individuals,  who  are  ever  on  the  alert 


TAXATION.  95 

to  take  advantage  of  the  neglectful  and  unwary,  and 
to  profit  by  the  misfortunes  of  others.  And,  if  your 
lands  are  quite  valuable,  at  present  or  in  prospective, 
such  tax  purchasers,  knowing  the  liability  of  their 
titles  to  inherent  defects,  will  fortify  by  actual  pos 
session.  Our  laws  of  limitation  are  short;  and  a 
defective  title,  with  possession,  is  quickly  ripened 
into  a  perfect  title. 

Thus,  lands  which  are  valuable  and  constantly  ap 
preciating,  are  yearly  passing  from  the  rightful 
owners  to  the  proprietorship  of  avaricious  specula 
tors  ;  or,  if  they  do  not  wholly  and  entirely  pass,  are 
becoming  so  entrammelled  by  the  meshes  of  adverse 
interests,  that  recovery  will  hardly  pay  the  expense. 

In  order  to  maintain  and  hold  your  lands  intact, 
free  from  embarrassments,  or  cloud  of  controversy, 
you  must  cause  your  titles  to  be  recorded  in  the 
county  where  each  respective  tract  is  situate,  and 
have  a  reliable  agent  here,  to  give  in  your  lands  for 
assessment,  by  proper  descriptions,  and  pay  taxes  on 
the  same ;  for  which  services  you  should  pay,  in 
order  that  it  may  be  obligatory  on  him  to  preserve 
your  interests ;  for  the  good  reason,  that  services  not 
remunerated  are  but  poorly  performed. 

You  will  be  amply  rewarded  for  your  small  ex 
pense,  by  the  security  which  such  a  course  will  afford 
to  your  property :  you  will  purchase  peace  of  mind, 
and  exemption  from  trouble  and  litigation,  at  a  cheap 
rate. 

The  lands  of  Texas  are  of  far  more  value  and 
consideration  than  they  were  during  our  separate 


96  TAXATION. 

sovereign!}7 ;  and  many  a  man  who  is  now  neglecting 
his  Texas  lands,  will,  in  a  few  years,  appear  as  ridi 
culous  as  Esau. 

Those  persons  of  the  masculine  gender,  and  of 
mature  age,  owning  lands  in  Texas,  who  cunningly 
say  to  themselves,  "My  land,  in  that  benighted  re 
gion,  is  all  safe :  it  costs  nothing  to  keep  it,  for  I 
pay  no  taxes ;  and,  when  the  country  settles  up,  and 
railroads  begin  to  travel  that  way,  I'll  be  thar  for  a 
big  spec."  True  it  is,  your  lands  will  be  pretty  much 
in  statu  quo.,  so  far  as  their  area  and  depth  are  con* 
cerned ;  but  the  transmutable  part  will  have  departed 
from  you  and  your  heirs.  And  what's  the  pity? 
Shall  it  be  for  any  man  to  evade  payment  of  his  just 
quota  towards  the  government?  Shall  roads  be  laid 
out  through  the  wilds  at  the  exclusive  expense  of 
residents  ?  Shall  school-houses  and  churches  be 
erected,  and  the  country  converted  from  a  wilderness 
to  a  populous  State,  to  the  non-resident  non-tax-payer  s 
pecuniary  benefit,  and  without  one  cent  of  his  aid  ? 
It  is  an  injury  to  any  State  or  country,  for  non-resi 
dents  to  own  its  territory:  then,  of  course,  it  is  short 
of  justice  that  they  should  not  pay  taxes  on  their 
lands,  like  those  who  are  citizens.  But  there  are 
many  persons,  living  in  the  older  States,  w^ho  are  of 
the  gentler  sex,  or  of  immature  years,  who  own 
much  land  in  Texas,  by  inheritance — whose  husbands, 
fathers,  brothers,  or  other  kindred,  won  the  right,  by 
their  strong  arms  and  ready  wills,  during  our  Eevo- 
'ution  —  who  sacrificed  money,  time,  arid  health  in 
the  cause  of  our  liberties,  and  even  laid  down  their 


TAXATION.  97 

lives,  amid  wretchedness  and  suffering,  that  we  might 
enjoy  in  peace  this  beautiful  heritage.  Towards  such 
land-owners  the  law  would  be  merciful,  if  it  could 
discriminate ;  and  it  is  much  to  be  regretted  that 
they  too  must  suffer;  they  in  whose  veins  perhaps 
courses  the  family  blood  that  bedewed  the  same 
lands  wThich  they  have  inherited. 

To  all  such  I  will  say,  although  you  be  of  weak 
age  or  of  the  gentler  sex,  or  bowed  with  poverty, 
suffer  not  one  moment  to  lapse  between  yourself  and 
an  investigation  of  your  rights ;  address  some  reli 
able  agent  in  Texas,  setting  forth  the  known  or  sup 
posed  grounds  of  your  claim,  and  ask  to  have  it 
looked  into  without  delay ;  this  can  be  done  void  of 
expense,  and,  if  your  rights  have  been  long  neglected, 
you  can  always  get  them  attended  to  for  a  contingent 
fee  in  money  or  in  kind.  Your  journeying  to  Texas 
is  wholly  unnecessary,  for  you  might  travel  about  in 
this  country  of  high  charges  and  long  roads  for  a 
year,  and  be  no  better  informed  than  when  you  came ; 
and  when,  too,  perhaps,  an  agent  might  do  all  your 
business  in  half  the  time  it  would  take  you  to  come 
here. 

In  conclusion,  I  will  repeat  to  you,  all  who  have 
rights  in  Texas,  employ  a  trusty  agent,  and  you  W7ill 
find  it  to  your  interest ;  for  titles  to  real  estate,  as 
you  must  already  understand,  are  not  held  in  the 
same  sacred,  inviolable  regard,  as  in  England,  and 
owners  become  more  easily  divested  than  in  many  of 
the  older  States. 
9 


CHAPTER   X. 

HEIRSHIP,  AND   RIGHTS  TO    PROPERTY  BY  INHERITANCE. 

Law  of  March  ISth,  1848  —  Vol.  II.,  page  129. 

This  law  is  now  in  force,  and  from  its  peculiarly 
equitable  provisions,  will  undoubtedly  continue  to  be 
the  law  of  the  land  for  many  years  hence.  I  have 
herein  inserted  a  synopsis  of  it  for  the  particular 
benefit  and  reference  of  those  persons  living  in  other 
States,  and  having  inheritances  in  Texas. 

I  have  also  annexed  forms  for  proving  up  heir  ships, 
as  I  find  that  people  at  a  distance,  and  even  high 
functionaries,  who  are  expected  to  be  well  informed 
about  the  laws,  usually  make  blunders.  The  heirs 
of  persons  who  died  previous  to  18th  December, 
1837,  inherit  according  to  Spanish  law;  that  is,  first 
descendants;  if  they  fail,  second  ascendants;  if  they 
fail,  third  collaterals. 

The  laws,  previous  to  1848,  are  not  materially 
variant. 

Law  of  March  ISth,  1848. 

1.  A  person  dying  without  a  will,  and  leaving  no 
surviving  husband  nor  wife,  the  property  descends  to 
the  children  in  equal  proportions. 

(98) 


HEIRSHIP.  99 

2.  If  there  be  no  children,  then  to  the  descendants 
of  the  children. 

3.  If  there  be  no  children  nor  descendants,  then 
to  the  father  and  mother  of  the  deceased  person,  in 
equal  portions. 

4.  If  there  be  only  one  of  the  parents  of  the  de 
ceased  person  surviving,  then  the  inheritance  is  to  be 
divided  into  two  equal  parts,  one  of  which  passes  to 
such  surviving  parent,  and  the  other  passes  to  the 
brothers  and  sisters  of  such  deceased  person,  or  to  the 
descendants  of  them. 

5.  If  the  deceased  leave  only  one  parent  surviving, 
but  no  brothers  or  sisters,  nor  descendants  of  bro 
thers  or  sisters,  then  such  surviving  parent  inherits 
the  whole. 

6.  If  the  deceased  person  leave  no  parent  sur 
viving,  but  leave  brothers  and  sisters,  or  the  descend 
ants  of  such,  then  all  of  the  inheritance  shall  pass  to 
such  brothers  and  sisters,  or  their  descendants. 

7.  If  both  parents  be  dead,  and  there  be  neither 
brother  nor  sister,  nor  their  descendants,  then  the 
inheritance  is  divided  into  two  equal  parts,  one  part 
of  which  goes  to  the  paternal,  and  the  other  to  the 
maternal  kindred  of  the  deceased  person,  in  the  fol 
lowing  manner,  that  is  to  say :  the  grandfathers  and 
grandmothers  in  equal  proportions ;  but  if  only  one 
paternal  or  maternal  grandparent  survive,  such  sur 
vivor  takes  the  whole  of  one  moiety. 

8.  If  both  grandparents,  on  either  or  both  sides, 
be  dead,  then  the  inheritance  passes  to  uncles,  or  to 


100  HEIRSHIP. 

their  nearest  lineal  descendants ;  always  recollecting, 
that  when  there  are  no  legal  heirs  up  to  grandparents, 
the  estate  is  then  divided  into  two  equal  parts,  and 
one  portion  goes  to  the  kin  of  the  mother  of  the  de 
ceased,  and  the  other  to  the  kin  of  the  father. 

9.  When  a  person,  owning  property  in  his  or  her 
own  right,  dies  intestate,  leaving  a  surviving  husband 
or  surviving  wife,  and  children,  or  descendants  of 
children,  the  surviving  husband  or  wife  takes  one- 
third  of  the  personal  estate,  and  an  estate  for  life  in 
one-third  of  the  land  and  slaves,  with  remainder  to 
the  surviving  children,  or  their  descendants.     The 
children,  or  their  descendants,  inherit  the  wrhole  of 
the  land  and  slaves,  subject  to  the  life-incumbrance 
on  one-third.     They  also  inherit  the  other  two-thirds 
of  the  personal  estate. 

10.  If  the  deceased  leave  no  children,  nor  their  de 
scendants,  but  leave  a  surviving  wife  or  husband, 
then  the  surviving  husband  or  wife  inherits  all  the 
personal  estate,  and  one  half  of  the  lands  and  slaves, 
without  remainder  to  any  person. 

11.  If  the  deceased  husband  or  wife  left  neither 
children,  father  nor  mother,  nor  surviving  brothers  or 
sisters,  or  their  descendants,  then  the  surviving  hus 
band  or  wife  inherits  the  whole  estate. 

12.  Where  an  inheritance  passes  by  law  to  brothers 
and  sisters,  if  part  of  such  be  of  the  whole  blood, 
and  part  of  the  half  blood,  then,  in  that  case,  the 
half  blood  inherits  half  as  much  as  the  whole  blood. 

13.  Where  the  children  of  the  deceased  person's 


HEIRSHIP.  101 

brothers  and  sisters  come  into  the  partition,  they  take 
per  capita  ;  where  a  part  are  dead,  and  a  part  living, 
the  issue  of  those  dead  take  per  stirpes.  In  this 
manner,  suppose  a  man  die,  leaving  two  surviving 
brothers  or  sisters,  and  the  children  of  a  deceased 
brother  or  sister,  then  the  surviving  brothers  or  sis 
ters  would  take  per  capita,  and  the  children  of  the 
deceased  brother  or  sister  would  take  per  stirpes,  or 
the  stock  of  their  deceased  parent. 

14.  Bastards,  whose  parents  afterwards  marry,  be 
come,  if  recognised,  legitimated. 

MARITAL    RIGHTS. 

Separate  Property  —  Common  Property. 

1.  Females  marrying  under  the  age  of  twenty-one 
shall  be  deemed  of  full  age. 

2.  All  property  owned  by  husband  or  wife  before 
marriage,  and  that  acquired  afterwards  by  gift,  de 
vise,  or  descent,  and  the  increase  of  all  lands  and 
slaves  thus  acquired,  shall  be  and  continue  his  or  her 
own  separate  property. 

3.  During  the  marriage,  the  husband  has  the  sole 
management  of  the  separate  property  of  the  wife. 

4.  A  married  woman  cannot  make  separate  con 
tracts,  by  which  she  herself,  or  her  separate  property, 
will  be  rendered  liable,  excepting  in  cases  of  absolute 
necessity  for  the  preservation  of  her  property,  or  the 
support  of  herself  and  family,  and  when  the  husband 
refuses  to  join. 

5.  All  property  acquired  after  the  marriage,  by 

9* 


102  HEIRSHIP. 

either  husband  or  wife,  or  both,  excepting  that  in 
Sect.  2,  is  community  or  common  property  of  the  hus 
band  and  wife ;  and  on  the  dissolution  of  the  mar 
riage  by  death,  one  half  goes  to  the  surviving  hus 
band  or  wife,  and  the  other  half  to  their  children ; 
but,  if  they  have  no  children,  then  the  surviving 
husband  or  wife  takes  the  whole. 

6.  After  the  wife  commences  a  suit  for  divorce,  the 
husband  can  contract  no  further  debts,  binding  on 
the  community  property,  nor  dispose  of  any  land  or 
slaves. 

7.  All  head-right   certificates   and  military  land 
claims,  the  rights  to  which  have  accrued  to  married 
men,  are  considered  community  property,  and  go 
verned,  in  their  descent,  according  to  the  foregoing 
laws. 

Forms  for  proving  up  Heir  ship. 

Suppose  a  single  man,  who  died  in  Texas,  has 
connections  in  the  State  of  New  York,  and  that  his 
father  and  mother  are  also  dead. 

"  STATE  OF  NEW  YORK,  ss. ) 
Madison  County.  ) 

"Before  me,  the  undersigned,  legally  constituted 
authority,  personally  appeared  Samuel  Slyke  and 
Jonathan  Barlow,  two  credible  witnesses,  to  me  per 
sonally  well  known,  who,  after  being  duly  sworn, 
according  to  law,  depose  and  say,  that  they  are  well 
acquainted  with  James  Parkins,  Rufus  Parkins,  and 
Sarah  Tilton  (formerly  Parkins),  and  now  wife  of 


HEIRSHIP.  103 

Thomas  Tilton,  who  are  all  residents  of  Madison 
county,  in  the  State  of  New  York :  and  these  depo 
nents  further  say,  that  they  personally  knew  Solomon 
Parkins,  late  of  Matagorda  county,  in  the  State  of 
Texas,  and  now  deceased.  And  they  further  say, 
that  the  said  James,  Sarah,  and  Rufus,  and  the  said 
Solomon,  dec'd,  are  the  legitimate  children  of  Simp 
son  Parkins  and  Sarah  his  wife,  both  late  of  Mont 
gomery  county,  State  of  New  York,  and  now  de 
ceased.  And  the  witnesses  further  depose,  that  said 
Solomon  Parkins  was  never  married,  so  far  as  they 
have  been  informed,  by  general  report,  and  believe ; 
and  that  the  aforesaid  James  Parkins,  Rufus  Par 
kins,  and  Sarah  Tilton,  are  the  next  of  kin,  and 
immediate  and  only  heirs  of  so  near  a  degree  of 
consanguinity  to  the  said  Solomon  Parkins,  deceased, 
and  that  he  had  no  other  brothers  or  sisters,  or  their 
descendants. 

"And  deponents  further  say,  that  they  have  no 
direct  or  indirect  interest  or  claim  in  the  estate  of 
said  decedent  last-named,  and  that  they  are  wholly 
disinterested  in  the  matters  herein,  and  make  these 
depositions  without  bias,  or  hope  of  pecuniary  gain. 

"SAMUEL  SLYKE, 
"JONATHAN  BARLOW." 

"  STATE  OF  NEW  YORK,  ss.  1 
Madison  County.  J 

"I,  Timothy  Bundick,  Judge  of  the  Court  of 
,  the  same  being  a  court  of  record,  and  hav- 


104  HEIRSHIP. 

ing  a  seal  of  office,  do  hereby  certify  that  the  fore 
going  affidavit  was  made,  subscribed,  and  sworn  to 
before  me,  by  the  witnesses,  Samuel  Slyke  and  Jona 
than  Barlow ;  and  I  further  certify,  that  I  know  them 
to  be  persons  of  good  standing,  and  entitled  to  full 
credibility. 

"  In  testimony  of  all  which,  I  have  hereunto  set 
my  hand,  and  caused  to  be  impressed  thereon  the 
seal  of  said  court,  at  ,  this  day  of , 

A.  D.  1857. 

"TIMOTHY  BUNDICK, 

[L.  s.]  "Judge  of ." 

The  foregoing  proof  may  also  be  made  before  a 
commissioner  for  the  State  of  Texas,  resident  in  the 
State  of  New  York,  or  any  State  where  the  claimants 
may  reside,  after  the  same  form.  The  commissioner 
is  not  required  by  law  to  use  an  official  seal. 

When  done  before  a  judge,  it  is  better,  for  more 
certainty,  to  have  a  certificate  from  the  Secretary  of 
State  attached  thereto,  as  follows,  viz.  : 

Form. 

"  I,  Elias  W.  Leavenworth,  Secretary  of  State  for 
the  State  of  New  York,  do  hereby  certify  that  the 
Honorable  Timothy  Bundick,  whose  name  and  offi 
cial  seal  appears  to  the  foregoing  documents,  was, 

on  the  day  of ,  A.  D.  18 — ,  Judge  of ,  the 

same  being  a  court  of  record,  with  a  seal  of  office, 
and  that  full  faith  and  credence  are  due  to  all  his 
acts,  in  that  capacity. 


HEIRSHIP.  105 

"  III  testimony  of  all  the  foregoing,  I  have  here 
unto  set  my  hand,  and  caused  to  be  impressed  the 
great  seal  of  the  State  of  New  York.  Done  at  Al 
bany,  this day  of ,  A.  D.  18 — ." 

[GREAT  SEAL.] 

Advice  to  Heirs. 

There  are  heirs  to  persons  who  have  died  in  Texas 
scattered  throughout  the  United  States,  Great  Britain, 
and  Germany,  who  have  no  knowledge  of  their  rights 
here,  or,  if  they  have,  too  slightly  to  appreciate  them. 
These  inheritances  generally  consist  of  land  and  land 
claims,  and  some  of  them  are  large  and  valuable. 

The  rapid  course  of  time,  and  railroad  speed  of 
events,  are  constantly  attenuating  and  obliterating 
the  evidences  of  those  rights,  and  fortifying  the  titles 
of  adverse  claimants.  It  behoves  all  such  heirs, 
therefore,  who  have  knowledge  of  their  claims,  to 
be  up  and  doing ;  for  soon  "  the  night  cometh,  when 
no  man  can  work:"  too  soon,  the  very  last  vestiges 
of  their  rights  will  be  forever  beyond  all  power  of 
resuscitation. 

The  proper  and  most  expeditious  way,  is  for  the 
claimant  to  entrust  his  business  with  a  reliable  agent 
—  one  who  has  experience,  and  is  familiar  with  the 
routine  of  our  laws.  Such  a  person  will  effect  more, 
in  a  short  time,  than  the  claimant  could,  unaided,  in 
a  whole  lifetime. 

The  land  claims  of  many  persons  who  were  sol 
diers  in  Texas  during  the  Revolution,  and  who  died 


106  HEIRSHIP. 

in  the  service,  have  been  tampered  with  by  unautho 
rized  administrations,  and  sold ;  but  the  greater  part 
of  such  transactions  are  nullities,  and  the  property 
may  be  reclaimed.  Many  lands,  which  were  owned 
by  persons  since  deceased,  have  been  sold  for  State 
and  county  taxes ;  but  such  can  be  recovered  by  the 
heirs,  unless  the  adverse  claimant  have  actually  occu 
pied  the  land  for  a  sufficient  length  of  time  to  claim 
by  proscription. 

Where  a  person  has  ever  been  entitled  to  any  pro 
perty  in  Texas,  by  right  of  heirship,  he  or  she  had 
better  look  to  such  rights,  without  delay,  as  the  time 
is  fast  approaching  when  the  smallest  government 
grant  of  land  will  be  of  far  more  consideration  than 
at  present. 


CHAPTER  XI. 

CONVEYANCES    OF    REAL  ESTATE. 

DEEDS  of  conveyance  for  real  estate  must  be  in 
writing,  signed,  sealed,  and  delivered  by  the  grantor, 
and  acknowledged  by  him  before  a  proper  officer,  for 
authentication  ;  or  acknowledged  by  him  before  two 
witnesses,  who,  at  his  request,  must  sign  their  names 
at  the  bottom,  on  the  left  hand  side :  scroll  seals  may 
be  used,  when  recognised  in  the  body  of  the  instru 
ment. 

It  is  said  that,  where  the  witnesses  are  present,  and 
see  the  grantor  sign  and  execute  the  instrument,  and 
sign,  as  witnesses,  at  the  same  time,  in  presence  of 
the  grantor,  that  it  is  not  necessary  for  the  witness 
ing  to  be  at  his  request ;  but,  when  they  sign  at  a 
subsequent  period,  then  they  must  become  witnesses, 
at  his  (particular)  request  (see  Tex.  Rep.  vol.  xv.) 
Although  the  title  to  slaves  passes  from  the  seller  to 
the  purchaser  by  delivery  alone,  it  is  better,  in  order 
to  prevent  all  subsequent  embarrassments,  that  a 
written  title  should  be  taken,  authenticated  and  re 
corded  according  to  law.  All  conveyances  for  land 
certificates,  land  warrants,  and  land  scrip,  must  be 
formally  executed,  like  deeds  to  real  estate ;  but  no 
recording  is  requisite.  A  land  certificate  is  not  purely 
real  estate,  but  an  incorporeal  hereditament. 

(107) 


108  CONVEYANCES   OF   REAL   ESTATE. 

Form  of  deed  in  Fee  Simple  (warrantee). 

"  THE  STATE  or  TEXAS,  \ 
County  of  Matagorda.    ) 

"  Know  all  men  by  these  presents,  that  I,  A.  B., 
of  the  State  and  county  aforesaid,  in  consideration 
of  the  sum  of  five  hundred  dollars,  to  me  paid  by 
C.  D.,  of  the  county  of  Navarro,  State  aforesaid, 
have  granted,  bargained,  sold,  released,  and  conveyed, 
and  by  these  presents  do  hereby  grant,  bargain,  sell, 
release,  and  convey,  unto  the  said  C.  D.,  his  heirs  or 
assigns,  all  that  (here  describe  the  premises),  together 
with  all  and  singular  the  rights,  members,  heredita 
ments,  and  appurtenances  to  the  same  belonging,  or 
in  any  wise  incident  or  appertaining. 

"  To  have  and  to  hold  all  and  singular  the  pre 
mises  herein  described,  unto  him,  the  said  C.  D.,  his 
heirs  or  assigns  forever.  And  I,  the  said  A.  B.,  do, 
for  myself,  my  heirs  and  representatives,  hereby  war 
rant,  and  I  will  and  they  shall  forever  defend,  the 
title  to  said  premises  and  appurtenances,  unto  him, 
the  said  C.  D.,  his  heirs  or  assigns,  against  all  per 
sons  legally  claiming  the  same,  or  any  part  thereof. 
In  testimony  of  all  which,  I  have  hereunto  set  my 
hand  and  scroll  seal,  at  Matagorda,  this  twenty- 
seventh  day  of  May,  A.  D.  one  thousand  eight  hun 
dred  and  fifty-seven. 

"(Signed)  A.  B.     [SCROLL.] 

"  Signed,  sealed,  and  delivered  in  presence  of  wit 
nesses, 

"L.  0.,  P.  S." 


CONVEYANCES   OF   REAL   ESTATE.  109 


Remarks. 

Covenants  can  be  inserted  according  to  agreement 
of  the  parties. 

Persons  executing  instruments  in  other  States,  con 
cerning  real  estate  situate  in  Texas,  must  recollect 
that  all  such  instruments  must  be  in  conformity  with 
our  laws,  without  any  regard  to  the  laws  of  the  place 
of  execution. 

Form  of  authenticating  a  deed  for  record,  when  acknow 
ledged  by  grantor  to  the  officer. 


AS,) 

la.   J 


"  THE  STATE  OF  TEXAS, 
County  of  Matagordc 
"  Before  me  [Notary  Public,  County  Clerk,  or  Chief 
Justice  County  Court]  personally  appeared  A.  B.,  to 
me  personally  well  known,  and  who  acknowledged 
to  me,  that  he  executed  and  delivered  the  foregoing 
instrument  of  writing  in  favor  of  C.  D.,  dated  the 
27th  day  of  May,  A.  D.  1857,  for  the  purposes  and 
consideration  therein  stated ;  and  the  said  A.  B.  fur 
ther  acknowledged  to  me  his  signature  and  seal  to 
said  instrument  of  writing,  and  requested  me  to  au 
thenticate  the  same. 

"  To  certify  all  of  the  foregoing,  I  have  hereunto 
set  my  hand  and  affixed  the  impress  of  my  seal  of 
office,  at  Matagorda,  this  27th  day  of  May,  A.  D.  1857. 

"LEMUEL  SHACKELFORD, 
[L.  s.]  "[Title  of  office]." 

10 


110  CONVEYANCES   OF   REAL   ESTATE, 

Proof  of  an  instrument  by  a  subscribing  witness,  where 
lie  was  present  at  the  execution  thereof. 

"  THE  STATE  or  TEXAS,  ~\ 
County  of  Matagorda.  / 

"  Before  me  [any  of  the  foregoing  officers]  person 
ally  appeared  L.  0.,  to  me  personally  well  known, 
and  who,  being  by  me  first  duly  sworn,  according  to 
law,  states,  on  oath,  that  he  saw  A.  B.,  grantor  in  the 
foregoing  instrument  of  writing,  dated  May  27th, 
A.  D.  1857,  subscribe  the  same. 

"And  deponent  further  says,  that  he  signed  the 
same  as  a  subscribing  witness  at  that  time. 

"  To  certify  all  of  which,  I  have  hereunto  set  my 
hand  and  the  impress  of  my  seal  of  office,  at  Mata 
gorda,  this  27th  day  of  May,  A.  D.  1857. 

"PETER  JONES, 
[L.  s.]  "[Official  designation]." 


Where  the  deed  is  witnessed  at  a  subsequent  period 
from  its  execution. 

"  THE  STATE  OF  TEXAS,  \ 
County  of  Matagorda.  ) 

"  Before  me  [any  of  the  foregoing  officers]  person 
ally  appeared  L.  0.,  to  me  personally  well  known, 
and  who,  being  by  me  first  duly  sworn,  according  to 
law,  says,  on  oath,  that  he  signed  the  foregoing  in 
strument  of  writing,  dated  May  27th,  1857,  as  a  sub- 


CONVEYANCES   OF   REAL  ESTATE.  Ill 

scribing  witness,  and  that  he  did  so  at  the  request  of 
A.  B.,  the  grantor  therein." 

[Same  conclusions  as  foregoing.] 

When  the  subscribing  witnesses  are  dead,  or  their  place 
of  residence  is  unknown,  or  when  they  reside  out  of 
the  State. 

"  THE  STATE  OF  TEXAS, 
County  of  Matagorda. 

"  Before  me  [any  of  the  foregoing  officers]  person 
ally  appeared  John  Jones,  to  me  personally  well  known, 
who,  first  being  duly  sworn  by  me,  according  to  law, 
deposeth  and  saith,  that  L.  0.  and  P.  S.,  whose 
names  appear  signed  as  subscribing  witnesses  to  the 
foregoing  instrument  of  writing,  executed  by  A.  B., 
and  dated  May  27th,  1857,  [are  non-residents  of  the 
State  of  Texas,  or  their  place  of  residence  is  unknown, 
or  they  are  dead,  as  the  fact  may  be}. 

"(Signed)  JOHN  JONES, 

"  Sworn  to  and  subscribed  before  me,  this day 

of ,  A.  D.  18 — ,  which  I  certify,  under  my 

hand  and  seal  of  office." 

[Name,  official  designation,  and  seal  of  office.] 

After  which  the  instrument  may  be  proven  for  record. 

"  THE  STATE  OF  TEXAS,  ) 
County  of  Matagorda.  ) 

"Before  me  [any  of  the  foregoing  officers]  person 
ally  appeared  John  Jones  and  Samuel  Geddes,  to  me 


112  CONVEYANCES   OF   REAL   ESTATE. 

personally  well  known,  who,  being  by  me  first  duly 
sworn,  according  to  law,  depose  and  say,  that  they 
are  well  acquainted  with  the  handwriting  of  A.  B. 
and  L.  0.,  the  former  the  grantor,  and  the  latter  one 
of  the  subscribing  witnesses  in  the  foregoing  and  an 
nexed  instrument  of  writing,  dated  May  27th,  A.  D. 
1857 ;  and  these  deponents  further  say,  that  said  sig 
natures  are  the  true  and  genuine  signatures  of  said 
persons,  and  that  they,  these  deponents,  are  wholly 
uninterested  in  any  matters  contained  in  said  instru 
ment  of  writing. 

"JOHN  JONES, 
"  SAMUEL  GEDDES. 

"  Subscribed  and  sworn  to  before  me,  this day 

of ,  A.  D.  1857,  which  I  hereby  certify, 

under  my  hand  and  seal  of  office." 

[Official  signature  and  seal.] 

Mode  of  proof  ivhen  the  subscribing  witnesses  are  per 
sonally  unknown  to  the  officer. 

"  THE  STATE  OF  TEXAS,  ) 
Matagorda  County.    ) 

"  Before  me  [any  of  the  foregoing  officers]  person 
ally  appeared  Samuel  Holliday  and  Henry  "Watkins, 
to  me  well  known,  who,  being  by  me  first  duly  sworn, 
depose  and  say,  that  L.  0.,  who  now  also  appears 
personally  present,  is  the  identical  person  whose 
name  appears  signed  as  one  of  the  subscribing  wit 
nesses  to  the  foregoing  and  annexed  instrument  of 


CONVEYANCES   OF   REAL   ESTATE.  113 

writing,  bearing  date  May  27th,  1857,  and  executed 
by  A.  B. 

"  SAMUEL  HOLLIDAY, 
"  HENRY  WATKINS. 

"  Subscribed  and  sworn  to  before  me,  this day 

of ,  A.  D.  1857,  which  I  hereby  certify, 

under  my  hand  and  seal  of  office." 
[Official  signature  and  seal.] 

After  which  the  instrument  of  writing  may  be 
proven  up  by  the  unknown  witness. 

"  THE  STATE  OF  TEXAS,  1 
County  of  Matagorda.  ) 

"Before  me  [any  of  the  foregoing  officers]  person 
ally  appeared  L.  0.,  a  subscribing  witness  to  the  an 
nexed  instrument  of  writing,  dated  May  27th,  A.  D. 
1857,  and  executed  by  A.  B. :  And  the  identity  of 
the  said  L.  0.  having  been  satisfactorily  proven  to 
me  by  the  affidavits  of  Samuel  Holliday  and  Henry 
Watkins :  And  he,  the  said  L.  0.,  having  been  by 
me  first  duly  sworn,  according  to  law,  now  states,  on 
oath,  that  he  saw  A.  B.,  the  grantor  in  said  instru 
ment  of  writing,  subscribe  his  name  to  the  same  as 
it  there  appears.  And  deponent  further  says,  that 
he  signed  his  name,  as  a  subscribing  witness,  to  said 
instrument  of  writing. 

"  To  certify  all  which,  I  have  hereto  set  my  hand 
and  affixed  the  impress  of  my  official  seal. 

[L.  s.]     "  Done  at  Matagorda,  this day  of , 

A.  D.  1857." 
10* 


114  CONVEYANCES   OF   REAL   ESTATE. 

Mode  of  authenticating  an  instrument  executed  "by  a 
married  woman,  concerning  her  separate  property. 

In  making  a  conveyance  of  separate  property,  or 
in  the  execution  of  any  other  written  instrument,  a 
married  woman  must  always  be  joined  therein  by  her 
husband.  Such  instruments  can  never  be  proven  up 
by  witnesses,  but  must  be  authenticated  by  a  Judge 
of  the  Supreme  or  District  Court,  Notary  Public,  or 
Chief  Justice  of  the  county. 

Form. 

"  THE  STATE  OF  TEXAS,  "i 
County  of  Mat  ag  or  da.   f 

"Before  me,  Matthew  Talbot,  Chief  Justice  of  the 
County  Court,  in  and  for  said  County  of  Matagorda, 
personally  appeared  Elizabeth  Hunter,  wife  of  John 
L.  Hunter,  both  to  me  personally  well  known,  par 
ties  to  a  certain  instrument  of  writing,  bearing  date 
the  21st  day  of  March,  A.  D.  1857,  and  hereto  an 
nexed  ;  and  having  been  examined  by  me  privily  and 
apart  from  her  said  husband,  and  after  having  the 
same  read  over  and  fully  explained  to  her  by  me,  she, 
the  said  Elizabeth  Hunter,  acknowledged  the  same 
^0  be  her  act  and  deed,  and  declared  that  she  had 
Willingly  and  understandingly  signed,  sealed,  and  de 
livered  the  same,  for  the  purposes  and  consideration 
therein  expressed,  and  that  she  did  not  wish  to  retract 
it.  And  afterwards,  on  the  same  day,  personally  ap 
peared  the  abovenamed  John  L.  Hunter,  who  stated 


CONVEYANCES   OF  REAL   ESTATE.  115 

to  me,  that  he  had  executed  said  instrument  of  writing 
for  the  purposes  and  consideration  therein  expressed, 
and  he  acknowledged  his  signature  and  seal  to  the 
same. 

"  To  certify  all  of  which,  I  have  hereunto  set  my 
hand,  and  caused  to  be  affixed  the  impress  of  the  seal 
of  said  County  Court. 

"Done  at  Matagorda,  this  29th  day  of  March, 
A.  D.  185T. 

"MATTHEW  TALBOT, 

[L.  s]          "  Chief  Justice  of  Matagorda  County" 

An  instrument  to  be  used  in  Texas,  when  authen 
ticated  in  any  other  State  or  Territory,  must  be  done 
by  a  Judge  of  a  Court  of  Record,  having  a  seal  of 
office,  or  by  a  Commissioner  for  this  State. 

When  in  a  foreign  country,  it  must  be  done  by 
some  Public  Minister,  Charge  d'Affaires,  or  Consul 
of  the  United  States ;  and,  in  all  cases,  the  certificate 
of  the  acknowledgment  or  proof  must  be  attested 
under  the  official  seal  of  the  officer  taking  the  same. 


CHAPTER   XII. 

LEGAL     RIGHTS    AND     REMEDIES. 

Mortgages. 

THE  practice  of  taking  mortgages  on  real  estate, 
negroes,  and  personal  property,  as  collateral  security 
for  money  due  on  notes,  bonds,  and  accounts,  is  quite 
common  in  this  State.  Although  there  is  a  little 
ambiguity  in  the  2d  section  of  the  law  (Hartley's 
Digest)  concerning  foreclosing  mortgages  on  personal 
property,  the  District  Court  is  the  only  tribunal 
where  mortgages  on  real  estate  and  slaves  can  be 
foreclosed. 

1.  In  foreclosing  a  mortgage,  suit  may  be  brought 
in  the  county  where  the  mortgaged  property  is  situ 
ate,  or  in  the  county  of  defendant's  domicil. 

2.  Where  the  mortgagor  is  dead,  the  mortgagee  or 
owner  of  the  security,  or  his  agent,  must  present  it 
to  the  administrator  or  executor  for  acceptance,  like 
all  other  claims  against  estates  of  deceased  persons. 

•  3.  A  note,  bond,  or  other  debt,  secured  by  a  mort 
gage,  is  subject  to  the  laws  of  limitation,  in  the  same 
manner  as  though  no  mortgage  existed. 
4.  Mortgages  may  be  assigned,  and  the  assignee 

(116) 


LEGAL   RIGHTS   AND    REMEDIES.  117 

becomes  entitled  to  all  the  rights  of  the  original 
holder. 

5.  All  mortgages  on  real  estate  must  be  recorded 
in  the  county  where  the  property  lies,  within  ninety 
days  from  the  date  of  the  execution  thereof;  and 
mortgages  on  personal  property  in  the  county  where 
the  mortgagor  lives,  within  a  like  period  ;  but  a  fail 
ure  to  comply  with  this  rule  does  not  forfeit  the  lien 
as  between  the  parties  to  the  mortgage. 

A  prudent  regard  for  security  would  seem  to  dic 
tate  to  the  holder  of  a  mortgage  to  prove  it  up,  and 
cause  it  to  be  recorded  without  delay,  as  rights  of 
third  persons  may  injuriously  intervene. 

I  have  endeavored,  by  the  following  simple  forms, 
to  exemplify  this  kind  of  security  in  its  different 
phases,  so  that  any  person  may  comprehend,  and  be 
enabled  to  avail  him  or  herself  of  it,  in  business 
transactions. 

"  Matagorda,  Texas,  May  1st,  1857. 
"$15,000-00. 

"  Twelve  months  after  date,  for  value  received,  I 
promise  to  pay  to  C.  D.,  or  order,  the  sum  of  fifteen 
thousand  dollars,  with  interest  thereon  from  date,  at 
the  rate  of  ten  per  cent,  per  annum. 

"(Signed)  A.  B." 

"  THE  STATE  OF  TEXAS, 
County  of  Matagorda. 

"  Know  all  men,  by  these  presents,  that  I,  A.  B., 
of  the  State  and  county  aforesaid,  for  and  in  consi- 


118  LEGAL   RIGHTS  AND   REMEDIES. 

deration  of  the  sum  of  fifteen  thousand  dollars,  with 
the  interest  due  and  to  be  due  thereon,  which  sum 
of  money  I  arn  indebted  to  C.  D.,  of  the  same  place, 
and  which  indebtedness  is  more  fully  evidenced  by 
my  promissory  note,  to  him  delivered,  and  copied 
below  (here  copy  evidence  of  debt),  have,  better  to 
secure  the  payment  of  my  said  debt,  granted,  bar 
gained,  sold,  alienated,  and  conveyed,  and  do,  by 
these  presents,  hereby  grant,  bargain,  sell,  and  con 
vey  unto  the  said  C.  D.,  his  heirs  or  assigns,  forever, 
all  of  the  following  described  property,  viz.  (here  de 
scribe  the  property) :  To  have  and  to  hold  the  same, 
together  with  all  the  rights,  members,  and  heredita 
ments  to  the  same  in  any  wise  incident  or  appertaining, 
to  him,  the  said  C.  D.,  his  heirs  or  assigns,  forever. 

"And  I,  the  said  A.  B.,  for  myself  and  my  heirs, 
hereby  covenant  with  the  said  C.  D.,  that  I  am  law 
fully  seized  in  fee  simple  of  the  herein  granted  pre 
mises,  and  that  they  are  free  from  all  incumbrances : 
Provided,  always,  that  this  conveyance  is  made  upon 
this  condition,  that,  if  I,  the  said  A.  B.,  shall  pay, 
or  cause  to  be  paid,  to  the  said  C.  D.,  his  heirs  or 
assigns,  the  full  sum  of  fifteen  thousand  dollars,  as 
mentioned  in  said  promissory  note,  on  or  before  the 
first  day  of  May,  A.  D.  1858,  together  with  the  inte 
rest  then  due  thereon,  then  this  instrument  to  become 
null  and  void ;  otherwise  to  remain  in  full  force  and 
virtue,  and  become  subject  to  foreclosure,  according 
to  law. 

"  In  testimony  of  all  which,  I  have  hereunto  set 


LEGAL   RIGHTS   AND   REMEDIES.  119 

my  hand  and  scroll  seal,  at  Matagorda,  this  first  day 
of  June,  A.  D.  one  thousand  eight  hundred  and  fifty- 
seven. 

"  (Signed)  A.  B.      [SCROLL.] 

"  Signed,  sealed,  and  delivered  in  presence  of  wit- 


» 
nesses. 


Or  this  form  of  Mortgages. 

Hemphill  C.  J.  in  T.  E.  vol.  vi.  page  13,  remarks 
as  follows:  "And  here  I  would  suggest  the  re-adop 
tion  of  the  Spanish,  or  a  more  simple  form  of  mort 
gage.  The  form  in  use  is  deceptive  and  fictitious. 
It  purports  to  be  a  perfect  deed  of  conveyance,  with 
conditions." 

"  THE  STATE  OF  TEXAS,  \ 
County  of  Matagorda.   ) 

"  Whereas  I,  A.  B.,  of  the  State  and  county  afore 
said,  being  justly  indebted  to  C.  D.,  of  the  same 
place,  upon  a  promissory  note,  a  copy  of  which  is 
copied  below  (copy  of  note).  Now,  in  order  better 
to  secure  the  prompt  payment  of  said  recited  promis 
sory  note,  together  with  the  interest  thereon,  I  do 
hereby  mortgage,  make  over,  and  convey,  unto  the 
said  C.  D.,  all  of  the  following  described  land  and 
premises,  viz.  (here  describe  property). 

"  To  have  and  to  hold  all  of  the  herein  described 
property,  together  with  all  the  rights  thereto  incident 
or  belonging,  for  the  sole  purpose  of  securing  the 
payment  of  said  promissory  note,  and  interest,  by 


120  LEGAL   EIGHTS    AND   KEMEBIES. 

foreclosure  of  this  mortgage,  if  I  should  make  default 
in  the  prompt  payment  thereof. 

"In  testimony  of  all  which,  I  have  hereunto  set 
my  hand  and  scroll  seal,  at  Matagorda,  this  first  day 
of  June,  A.  D.  one  thousand  eight  hundred  and  fifty- 
seven. 

"  (Signed)  A.  B.     [SCROLL.] 

"  Signed,  sealed,  and  delivered  in  presence  of  wit 
nesses." 

Mortgage  on  Personal  Property. 

Cotton  and  sugar-planters  frequently  desire  to 
obtain  money,  as  advancements,  from  their  merchants 
and  factors  abroad ;  and  the  business  is  so  arranged, 
that  benefits  are  derived  by  both  parties :  the  planter 
gets  his  accommodation,  in  the  way  of  a  loan,  and 
the  factor  not  only  secures  himself  for  the  repay 
ment  of  his  money,  and  interest,  but  also  the  profits 
of  selling  the  planter's  sugar  and  cotton. 

For  m. 

"  THE  STATE  OF  TEXAS,  ) 
County  of  Matagorda.    / 

"Whereas  I,  Samuel  Kingston,  of  the  State  and 
county  aforesaid,  planter,  have  this  day  entered  into 
-an  arrangement  and  contract  with  Nelson  Clements 
and  Thomas  Hayden,  commission  merchants,  doing 
business  in  the  city  and  State  of  New  York,  under 
the  style  of  Clements  &  Hayden,  whereby  I  am  to 
have  a  credit  at  their  establishment,  in  said  city,  up 
to  the  amount  of  four  thousand  dollars,  and  I  am, 


LEGAL  EIGHTS   AND   REMEDIES.  121 

from  this  date,  to  be  allowed  to  draw  drafts  on  said 
firm,  during  the  present  year,  in  sums  to  suit  my 
convenience,  until  the  whole  of  said  sum  of  money 
shall  have  been  drawn,  or  any  less  amount  that  I 
may  choose ;  which  drafts  they  have  agreed  to 
promptly  honor  and  pay,  according  to  their  tenor. 
And  I,  the  said  Samuel  Kingston,  in  consideration 
of  the  foregoing,  hereby  bind  myself  and  my  heirs, 
to  ship  or  cause  to  be  shipped,  in  good  order,  on  or 
before  the  first  day  of  January  next,  to  the  said 
Clements  and  Hayden,  all  of  the  crop  of  cotton 
growing  and  to  be  grown  on  my  plantation  during 
the  present  year ;  which  I  estimate  will  be  two  hun 
dred  bales,  of  five  hundred  pounds  each.  And  the 
said  Clements  &  Hayden  are  to  sell  said  cotton,  on 
my  account,  to  the  best  advantage,  according  to 
their  judgment;  and,  after  deducting  the  amount  of 
money  they  may  have  advanced,  and  ten  per  cent, 
per  annum  interest  thereon,  and  the  other  usual 
charges,  to  pay  the  remainder  of  the  proceeds  over 
to  me,  or  my  order. 

"  Now,  in  order  better  to  secure  the  repayment  of 
such  advances,  interest,  and  charges,  in  the  manner 
which  I  have  agreed,  and  as  additional  security,  I  do 
hereby  mortgage,  pledge,  and  convey,  unto  the  said 
Clements  &  Hayden,  all  of  the  following  named 
negro  slaves,  viz.  (here  describe  the  slaves).  To  have 
and  to  hold  all  of  said  slaves,  together  with  their  in- 

'  O 

crease,  for  the  sole  purpose  of  securing  the  prompt 
repayment  of  said  advances  of  money,  be  the  same 
11 


122  LEGAL    RIGHTS    AND    REMEDIES. 

more  or  less,  with  the  interest  and  charges,  in  the 
manner  as  I  have  herein  contracted. 

"But  I  am  to  remain  in  possession  of  said  slaves, 
and  keep  them  on  my  plantation,  in  this  county, 
until  a  default  is  made  by  me,  and  a  foreclosure 
hereof  is  decreed,  according  to  law. 

"  In  testimony  of  all  which,  I  have  hereunto  set 
my  hand,  and  seal  of  office,  at  Matagorda,  this 
twenty-first  day  of  June,  A.  D.  one  thousand  eight 
hundred  and  fifty-seven. 

"  SAMUEL  KINGSTON.     [SCROLL.] 

"  Signed,  sealed,  and  delivered  in  presence  of  wit 
nesses." 

The  foregoing  mortgage,  after  being  properly  au 
thenticated,  should  be  filed  for  record  in  the  county 
.where  the  mortgagor  lives. 

Delays  are  dangerous ;  and  a  person  who  is  cau 
tious  enough  to  secure  his  interest,  by  taking  full 
security,  should  certainly  not  leave  the  most  impor 
tant  part  unaccomplished. 

Releases  of  Mortgages. 

When  a  mortgage  is  paid  and  satisfied,  a  release 
should  be  procured,  to  be  executed  by  the  mortgagee 
or  assignee  of  the  mortgage  security,  and  the  same 
should  be  authenticated  and  recorded,  like  all  other 
formal  instruments. 


LEGAL    RIGHTS    AND    REMEDIES.  123 


AS,  I 

a.   ) 


STATE  OF  TEXAS, 
County  of  Matagord* 

"  I,  C.  D.,  of  the  State  and  county  aforesaid,  do 
hereby  certify  and  acknowledge,  that  a  deed  of 

mortgage,  bearing  date  the  day  of ,  A.  D. 

1856,  and  recorded  in  the  county  record-book  G, 
page  350,  of  the  proper  records  of  said  county,  and 
including  the  following  property  (here  describe  the 
property),  and  executed  by  A.  B.,  to  me,  the  said  C. 
D.,  for  better  securing  the  payment  of  his  promissory 
note  for  six  thousand  dollars,  dated  on  the  'first  day 
of  January,  A.  D.  1856,  payable  one  year  after  date, 
with  interest,  at  the  rate  of  ten  per  cent,  per  annum, 
from  date,  has  this  day  been  fully  paid  and  satisfied ; 
and,  therefore,  every  matter,  thing,  and  security  con 
tained  in  said  mortgage,  is  hereby  fully  released,  and 
the  property  described  therein,  together  with  all  its 
rights,  is  hereby  reconveyed  to  the  said  A.  B.,  free 
from  all  incumbrances  on  account  of  said  debt. 

"In  testimony  of  all  which,  I  have  hereunto  set 
my  hand,  and  scroll  seal,  at  Matagorda,  this  third 
day  of  January,  A.  D.  one  thousand  eight  hundred 
and  fifty-seven. 

"  (Signed)  C.  D.      [SCROLL.] 

"  Signed,  sealed,  arid  delivered  in  presence  of  wit 
nesses." 

Liens. 

According  to  various  decisions  of  our  Supreme 
Court,  an  equitable  lien  exists,  in  favor  of  the  vendor, 


124  LEGAL   RIGHTS   AND   REMEDIES, 

against  the  specific  property  in  the  hands  of  the  ven 
dee,  and  subsequent  purchasers,  with  notice. 

Statute  Liens. 

All  judgments  of  courts  of  record  are  liens  on  all 
real  estate  in  the  county  of  the  forum,  provided 
executions  are  properly  issued. 

Builders  and  mechanics  have  liens,  in  the  nature 
of  mortgages,  on  all  buildings  which  they  erect  or 
work  on,  and  on  the  ground  on  which  such  buildings 
are  erected  or  worked  on,  until  compensation  is  made 
to  them  for  such,  and  for  the  materials  furnished. 
In  order  to  secure  this  lien,  a  contract  must  be  made, 
in  writing,  and  recorded  within  thirty  clays. 

Every  person  who  furnishes  supplies,  or  does  re 
pairs  or  labor,  for  any  domestic  vessel,  has  a  lieu  on 
such  vessel  and  her  freight  money,  for  the  security 
and  payment  of  the  same. 

Married   Women. 

When  the  homestead  is  sold,  it  is  necessary  for  the 
wife  to  join  in  the  conveyance,  and  it  must  be  au 
thenticated  in  this  State,  by  a  Judge  of  the  Supreme 
or  District  Court,  Chief  Justice,  Notary  Public,  or 
County  Clerk. 

The  lav,7  requires  every  married  woman  to  make 
out  a  schedule  of  all  her  separate  property,  and  pre 
sent  the  same  to  the  County  Clerk,  and  acknowledge 
it  for  record. 


LEGAL   RIGHTS   AND    REMEDIES.  125 


Schedule. 

"  THE  STATE  OF  TEXAS,  i 
County  of  Matagorda.  j 

"Be  it  known  to  all  persons  whom  it  may  con 
cern,  that  I,  Julia  Dean,  wife  of  Thomas  Dean,  all 
of  the  State  and  county  aforesaid,  being  the  true  and 
lawful  owner  of  the  following  property,  in  my  own 
separate  right,  do  make  this,  my  schedule,  for  the 
purposes  of  record,  viz.  (here  describe  property). 
The  same  was  acquired  by  me  by  inheritance  from 
my  father,  Jarvis  Subtlet,  deceased,  late  of  Munroe 
County,  Alabama. 

"And  I  have  made  this  schedule  of  all  the  pro 
perty  which  I  own  in  my  separate  right,  for  the  pur 
pose  of  having  it  recorded,  according  to  law. 

"  In  testimony  of  all  which,  I  have  hereto  signed 
my  name,  in  Matagorda,  this  first  day  of  July,  A.  D. 
one  thousand  eight  hundred  and  fifty-seven. 

"  JULIA  DEAN." 


"  THE  STATE  OF  TEXAS,  ) 
County  of  Matagorda.  / 

"Before  me,  James  H.  Selkirk,  Clerk  of  the 
County  Court  for  the  county  aforesaid,  personally 
appeared  Julia  Dean,  wife  of  Thomas  Dean,  all  of 
the  State  and  county  aforesaid,  and  presented  to  me 
the  foregoing  schedule  of  her  separate  property  for 
registration,  and  she  acknowledged  said  instrument 
11* 


126  LEGAL   EIGHTS  AND   REMEDIES. 

to  be  her  act  and  deed,  for  the  purposes   therein 
expressed. 

[L.  s.]  u  To  certify  all  which,  I  have  hereunto  set 
my  hand  and  seal  of  office,  at  Matagorda,  this  second 
day  of  June,  A.  D.  1857." 

Remarks  and  Advice. 

It  is  always  advisable  for  married  women,  in  this 
State,  and  more  particularly  if  strangers,  when  they 
first  emigrate  to  it,  if  they  own  property  in  their  own 
right,  to  designate,  and  cause  it  to  be  recorded  in  the 
proper  county.  Husbands,  like  all  other  human 
beings,  are  fallible,  and  liable  not  only  to  errors,  but 
to  all  the  vicissitudes  of  fickle  fortune  ;  and  the  wife's 
ample  property  too  often  is  made  a  sacrifice  to  her 
own  negligence  in  not  giving  publicity  to  her  sepa 
rate  rights.  The  expense  and  trouble  are  very  little, 
and  the  security  which  it  affords  more  than  repays. 
And  it  is  also  a  duty,  which  the  husband  not  only 
owes  to  his  wife  and  family,  but  to  the  public,  to 
attend  to  this  matter,  so  that  he  may  appear  before 
the  world  in  his  true  character  and  circumstances ; 
not  apparently  wealthy  in  property,  which  really  be 
longs  to  his  \vife,  and  himself,  perhaps,  insolvent. 
The  laws  of  our  State  have  persistently  endeavored 
to  protect  and  guard  the  rights  of  married  women ; 
but  if  they  will,  in  despite  of  such  care,  keep  silent, 
and  allow  husbands  to  improvidently  control  their 
separate  property,  disastrous  law-suits,  and  even  total 
sacrifice,  may  follow.  Therefore,  I  say  to  you,  let  it 


LEGAL   RIGHTS  AND   REMEDIES.  127 

be  properly  made  public  what  your  separate  rights 
are,  and  there  is  little  danger  that  they  will  ever  be 
contested ;  and,  if  they  unfortunately  should,  the 
laws  and  juries  of  this  State  will  see  your  rights  pro 
tected. 

The  property  rights  of  married  persons  emigrating 
to  this  State  are  governed  by  the  laws  of  their  mar 
riage  domicil.  It  is  true,  the  existence  of  the  woman, 
by  marriage,  becomes  merged  in  that  of  her  husband, 
and  her  rights  subject  to  his  control,  for  better  or  for 
worse,  but  the  wisdom  of  our  law-makers  has  pro 
vided  means  by  which  the  wife  may  not  only  fulfil 
all  the  behests  of  her  high  station,  be  a  dutiful  and 
affectionate  companion,  and  still  save  for  herself  and 
her  progeny  her  own  separate  property,  without 
doing  violence  to  her  proper  affections  and  confi 
dence.  In  fact,  all  the  servile  wife-slavery  of  the  old 
common  law  has  been  abrogated  here,  and  a  just  me 
dium  been  established  between  the  severity  of  that 
and  the  license  of  the  civil  law.  By  our  system  the 
conjugal  relations  are  preserved,  and  the  legal  re 
straints  are  very  wholesome  checks  against  improvi 
dent,  reckless,  and  wicked  practices  of  bad  husbands. 

All  property  purchased  during  coverture,  with  pro 
ceeds  of  the  community,  or  with  the  joint  or  separate 
earnings  of  husband  or  wife,  even  if  the  conveyance 
be  made  directly  to  the  wife,  inures  to  the  com 
munity. 

A  married  woman  can,  by  last  will  and  testament, 
dispose  of  her  separate  and  her  community  rights. 


128  LEGAL  RIGHTS  AND   REMEDIES. 

Limitation  Laws. 

1.  All  suits  on  open  accounts,  excepting  between 
merchant  and  merchant,  must  be  brought  within  two 
years.     Each  item  in  an  open  account  is  the  data  by 
which  to  compute  the  time. 

2.  Suits  on  notes,  and  other  written  obligations  for 
money,  must  be  commenced  within  four  years  after 
the  same  became  due. 

3.  Persons  absent  seven  years  from  the  estate  with 
out  being  heard  from,  are  presumed  to  be  dead. 

4.  When  a  claim  of  any  kind  is  once  barred  by  the 
law  of  limitation,  it  cannot  be  revived  or  taken  out 
of  the  operation  of  the  law,  excepting  by  an  acknow 
ledgment  in  writing,  signed   by  the  person  to  be 
charged  thereby. 

5.  Five  years  of  peaceable  possession  of  land  under 
color  of  title,  with  deed  duly  proven  and  recorded, 
bars  all  other  claims,  except  of  minors,  femes  covert, 
and  persons  noji  compos. 

6.  Peaceable  possession  of  land  under  a  defective 
title,  emanating  from  the  sovereignty  of  the  soil,  is  a 
bar,  in  three  years,  to  adverse  claimants. 

7.  Any  person  holding  peaceable  possession  of  real 
estate  jive  years,  cultivating  or  using  the  same,  and 
paying  tax  thereon,  under   a  deed   duly  recorded, 
secures  a  good  title,  precluding  all  others. 

8.  Ten  years'  peaceable  possession,  and  cultivation 
or  use  of  640  acres  of  land,  gives  the  holder  a  perfect 
title. 


LEGAL  RIGHTS  AND  REMEDIES.  129 

9.  All  contracts  concerning  lands  and  slaves,  if  not 
to  be  performed  within  one  year,  must  be  reduced  tc 
writing,  and  signed  by  the  party  to  be  charged  there 
with,  or  by  his  lawful  agent,  otherwise  the  same  is 
within  the  statute  of  frauds. 

10.  All  fraudulent  conveyances,  made  for  the  pur 
pose   of  secreting   the   debtor's   property   from   his 
creditors,  are  deed-void  in  law. 

11.  When  any  pretended  loan  of  goods  or  slaves 
is  made  to  any  person,  and  that  person  remains  in 
possession  three  years,  without  demand  made  on  the 
part  of  the  pretended  lender,  then  such  property  be 
comes  liable  for  the  debts  of  the  borrower. 

12.  The  adverse  possession  of  a  slave,  for  the  term 
of  two  years,  bars  the  rightful  owner's  title  and  claim. 

13.  "When  any  person  dies  against  whom  there  is 
cause  of  action,  the  statute  of  limitations  ceases  to 
run  until  twelve  months  after  such  death,  unless  an 
administrator  or  executor  be  qualified  before   that 
time. 

14.  In  case  of  the  death  of  any  person  in  whose 
favor  there  is  a  cause  of  action,  the  statute  ceases  to 
run,  under  like  circumstances  as  above.1 

Supreme  Court. 

Civil  suits  are  taken  from  the  District  Courts  to  the 
Supreme  Court  by  appeal  or  writ  of  error;  the  former 

1  The  filing  of  a  petition  in  the  District  Court,  on  any  claim,  and 
the  issuance  of  process  from  Justice's  Court,  are  the  dates  at  which 
the  limitation  stops  running;  that  is,  if  the  claim,  was  not  barred 
then,  it  will  be  secured  from  prescription  by  such  acts. 


130  LEGAL   RIGHTS   AND   REMEDIES. 

must  be  moved  for  at  the  term  of  the  court  at  which 
the  cause  is  tried,  but  the  latter  may  be  prosecuted 
at  any  time  within  two  years.  The  jurisdiction  of 
this  court  is  appellate,  excepting  the  power  to  grant 
certain  remedial  writs. 

It  is  composed  of  one  Chief  Justice  and  two  Asso 
ciate  Justices. 

The  terms  of  the  court  are  as  follows : 

At  Austin,  third  Mondays  in  October,  and  continue 
nine  weeks,  or  until  business  is  finished. 

At  Galveston,  first  Mondays  in  January,  and  con 
tinue  ten  weeks. 

At  Tyler,  first  Mondays  in  April,  and  may  continue 
until  first  of  July. 

District  Courts  —  Collection  of  Debts,  and  Remedies. 

There  are  eighteen  judicial  districts  in  the  State, 
and  the  judge  of  each  district  holds  two  sessions  of 
court  in  each  county  in  his  district  every  year.  The 
District  Courts  have  original  jurisdiction  of  all  suits, 
complaints,  and  pleas  whatever,  without  any  distinc 
tion  between  law  and  equity,  when  the  matter  in 
controversy  shall  be  of  the  value  of,  or  amount  to, 
one  hundred  dollars,  exclusive  of  interest. 

Causes  decided  in  the  justices'  courts  may  be  re 
moved  to  this  court  for  trial  de  novo,  within  ninety 
days,  by  certiorari,  on  the  party  applying  showing,  by 
an  affidavit,  sufficient  cause  to  the  judge.  There  is 
no  direct  appeal  from  justices'  courts. 

Proceedings  in  the  County  Courts  pertaining  to  the 


LEGAL    RIGHTS   AND    REMEDIES.  131 

estates  of  deceased  persons  and  wards,  may  be  re 
moved  to  the  district  courts  for  revision,  at  any 
time  within  two  years,  by  certiorari. 

The  district  courts  are  the  tribunals  where  all 
suits  for  debts  of  over  hundred  dollars  are  brought : 
the  district  and  justices'  courts  have  concurrent  juris 
diction,  when  the  amount  is  just  one  hundred  dol 
lars. 

On  a  promissory  note,  judgment  is  usually  ren 
dered  at  the  first  term  of  court,  after  due  service  of 
the  writ,  unless  the  service  were  made  by  publica 
tion,  when  two  terms  of  court  are  required  to  obtain 
a  judgment. 

Judgments  on  promissory  notes  bear  interest  ac 
cording  to  the  rate  stipulated  therein — not  to  exceed 
twelve  per  cent. 

Immediately  after  the  rising  of  court,  executions 
are  required  by  law  to  be  issued  on  all  judgments 
of  the  term,  and  placed  in  the  hands  of  the  sheriff. 
If  the  first  execution  is  not  satisfied,  a  new  one 
should  be  issued  every  six  months,  or  after  every 
term  of  court.  Judgments,  in  this  court,  are  liens 
on  all  the  real  estate  in  the  county,  provided  execu 
tions  are  properly  issued.  Personal  property  must 
be  levied  on  before  lien  attaches :  to  constitute  a 
good  levy  on  the  same,  actual  possession  must  be 
taken  by  the  sheriff.  All  property  sold  by  execution 
is  without  any  appraisement.  Sales,  by  execution, 
of  real  estate  and  negroes,  are  made  on  the  first 
Tuesday  of  every  month,  after  twenty  days'  notice, 


132  LEGAL   RIGHTS  AND   REMEDIES. 

by  written  advertisements.  Personal  property  can 
be  sold  at  any  time,  after  ten  days'  notice. 

This  court  is  empowered  to  issue  the  summary 
writs  of  attachment  and  garnishment.  The  pro 
ceeding  is  as  follows  :  The  plaintiff  files,  in  the  office 
of  the  clerk  of  this  court,  his  petition  against  the 
defendant,  setting  forth  his  cause,  in  the  ordinary 
form ;  and  if,  at  any  time  after  such  filing,  he  desires 
a  writ  of  attachment,  and  can  make  affidavit,  in  due 
form,  it  will  be  issued.  The  causes  for  granting  an 
attachment  are :  1.  That  the  defendant  is  justly  in 
debted  to  the  plaintiff,  and  the  amount  of  the  de 
mand,  and  that  the  defendant  is  not  a  resident  of  this 
State ;  2.  Or,  that  he  is  about  to  remove  out  of  this 
State ;  8.  Or,  that  he  secretes  himself,  so  that  the 
ordinary  process  of  law  cannot  be  served  on  him ; 
4.  Or,  that  he  is  about  to  remove  his  property  beyond 
this  State,  and  that  thereby  the  plaintiff  will  proba 
bly  lose  his  debt;  5.  Or,  that  he  is  about  to  remove 
his  property  beyond  the  county ;  6.  Or,  that  he  is 
about  to  transfer  or  secrete,  or  has  transferred  or 
secreted,  his  property,  for  the  purpose  of  defrauding 
his  creditors,  and  thereby  the  plaintiff  will  probably 
lose  his  debt. 

The  plaintiff  must  also,  in  addition  to  any  of  these 
propositions,  swear  that  the  attachment  is  not  sued 
out  for  the  purpose  of  injuring  the  defendant. 


LEGAL   RIGHTS   AND   REMEDIES.  133 


Affidavit. 
"  THE  STATE  or  TEXAS. 


,  In  District 
County  of  Matagorda. 

"Before  me,  R.  L.,  Clerk  of  the  District  Court  for 
the  county  aforesaid,  personally  appeared  G.  T.,  the 
plaintiff  in  a  suit  now  pending  in  said  District  Court, 
entitled  'No.  —  G.  T.  vs.  A.  B.,'  who,  after  being 
by  me  duly  sworn,  according  to  law,  deposes  and 
says,  that  the  said  A.  B.  is  justly  indebted  to  him,  the 
deponent,  in  the  sum  of  (here  describe  the  debt). 
Affiant  further  says,  that  the  said  A.  B.  is  not  a  resi 
dent  of  this  State  (or  any  of  the  other  causes),  and 
that  thereby  the  plaintiff  will  probably  lose  his  debt. 
Affiant  also  swears,  that  this  attachment  is  not  sued 
out  for  the  purpose  of  injuring  the  defendant. 

"  (Signed)  G.  T. 

"  Subscribed  and  sworn  to  before  me,  this  first  day 
of  May,  A.  D.  1857,  which  I  hereby  certify  under  my 
my  hand  and  seal  of  office. 

" R.  L.—  Clerk  D.  C.  M.  C" 

This  affidavit  may  be  made  by  an  agent  or  attor 
ney  for  the  plaintiff'.  A  bond  is  required  to  be  filed 
with  the  affidavit,  in  double  the  amount  sworn  to  be 
due. 

The  plaintiff  may,  at  any  time  after  filing  his  peti 
tion,  affidavit  and  bond,  or,  at  the  same  time,  obtain 
writs  of  attachment  against  defendant's  property,  and 
writs  of  garnishment  against  any  persons  supposed 
12 


134  LEGAL   EIGHTS   AND    REMEDIES. 

to  be  indebted  to  the  defendant,  or  supposed  to  have 
any  of  the  defendant's  effects  or  property. 

The  foregoing  summary  proceedings,  it  will  be 
recollected,  are  all  before  judgment;  and,  if  said 
proceedings  are  improvidently  had,  the  defendant 
may,  on  the  trial,  plead  damages,  in  reconvention  or 
set-off. 

In  ordinary  suits  for  debt  or  damages,  after  the 
plaintiff  has  obtained  a  judgment,  and  no  property 
can  be  found  whereon  to  levy  an  execution,  the  plain 
tiff",  his  agent,  or  attorney,  may  have  a  writ  of  gar 
nishment,  by  applying  to  the  clerk  of  the  court  from 
which  the  execution  issued,  and  making  an  affidavit. 

Writ  of  Attachment. 

"THE  STATE  OF  TEXAS  TO  THE  SHERIFF  OF  MATAGORDA 

COUNTY,  GREETING  : 

"We  command  you,  that  you  attach  so  much  of 
the  property  of  A.  B.,  if  to  be  found  in  your  county, 
repleviable  on  security,  as  shall  be  of  value  sufficient 
to  make  the  sum  of  (here  insert  amount  claimed), 
together  with  the  legal  interest  thereon,  from  the 

day  of ,  A.  D.  1857,  and  costs,  to  satisfy  the 

demand  of  G.  T.,  and  such  property,  so  attached,  in 
your  hands  to  keep  and  secure,  that  the  same  may 
be  liable  to  further  proceedings,  thereupon  to  be 
had  at  our  next  District  Court,  to  be  holden  in  the 
court-house,  in  the  city  of  Matagorda,  within  and 
for  said  county  of  Matagorda,  on  the  second  Monday 
after  the  first  Monday  in  October  next,  so  as  to 


LEGAL   RIGHTS   AND    REMEDIES.  135 

compel  the  said  A.  B.  to  appear  and  plead  to  the 
complaint  of  the  said  G.  T.,  when  and  where  you 
shall  make  known  how  you  have  executed  this  writ. 
"Attest.  —  R.  L.,  Clerk  of  said  District  Court. 
Given  under  my  hand  and  the  seal  of  said  court,  at 

Matagorda,  this day  of ,  A.  D.  18 — . 

[L.  s.]  "  R.  L.— Clerk  D.  0.  M.  0." 

The  legal  mode  of  levying  an  attachment  on  per 
sonal  property,  is  by  the  officer  going  to  the  place 
where  the  property  is,  and  then  and  there  declaring, 
in  the  presence  of  one  or  more  credible  persons  of 
the  neighborhood,  that  he  attaches  said  property  as 
the  property  of  defendant 

Writ  of  Garnishment. 

"  THE  STATE  OF  TEXAS  TO  THE  SHERIFF  OF  MATAGORDA 
COUNTY,  GREETING  : 

""Whereas,  G.  T.,  plaintiff,  has  filed,  in  the  District 
Court  of  Matagorda  county,  State  of  Texas,  his  peti 
tion,  bond,  and  affidavit,  in  a  suit  against  A.  B.,  de 
fendant,  and  obtained  from  said  court  an  original 
attachment  against  the  property  of  him,  said  A.  B., 
and  the  said  plaintiff  having  applied  to  me  for  a 
writ  of  garnishment  against  one  C.  M.,  a  resident  of 
said  county : 

"  These  are,  therefore,  to  command  you  that  you 
summon  the  said  C.  M.,  as  garnishee  in  this  case,  to 
be  and  appear,  on  the  first  day  of  the  first  term  of 
our  said  District  Court,  to  be  holden  at  the  court- 


136  LEGAL   EIGHTS   AND    REMEDIES. 

Louse,  In  the  city  of  Matagorda,  within  and  for  said 
county  of  Matagorda,  on  the  second  Monday  after 
the  first  Monday  in  October  next,  then  and  there  to 
answer,  upon  oath,  what  he,  the  said  C.  M.,  is  in 
debted  to  said  defendant,  or  what  effects  of  the  de 
fendant  he  has  in  his  possession,  and  had  at  the  time 
of  serving  this  writ  of  garnishment,  and  what  credits 
and  effects  there  are  of  the  defendant  in  the  hands 
of  any  other  person,  and  what  person,  to  the  best  of 
his  knowledge  and  belief. 

"And  you  are  commanded  to  make  return  of  this 
writ  according  to  the  tenor  hereof,  certifying  how 
you  have  executed  the  same. 

"Attest :       E.  L.— Clerk  of  said  District  Court. 

"  Given  under  my  hand  and  seal  of  office,  at  Mata 
gorda,  this day  of ,  A.  D.  1857. 

[L.  s.]  "  E.  L.— Clerk  D.  C.  M.  C." 

The  form  of  a  writ  of  garnishment  issued  after 
judgment,  is  somewhat  variant. 

Writs  of  (Sequestration 

May  be  issued  by  judges  and  clerks  of  the  district 
courts,  and  justices  of  the  peace,  in  the  following 
cases : 

1.  Where  a  married  woman  sues  for  divorce,  and 
makes  oath  that  she  fears  her  husband  will  waste  her 
separate  property,  or  their  community  property,  or 
remove  the  same,  during  the  pendency  of  the  suit, 
out  of  this  State,  &c. 

2.  When  a  person  sues  for  the  title  or  possession 


LEGAL   EIGHTS   AND   REMEDIES.  137 

of  a  slave,  or  other  movable  property  or  chattel^  and 
makes  oath  that  he  fears  the  defendant,  or  person  in 
possession,  will  injure  or  ill-treat  such  slave,  or  waste 
such  property,  or  remtfve  the  same  out  of  the  State 
during  the  pendency  of  the  suit. 

3.  When  a  person  sues  for  the  foreclosure  of  a 
mortgage,  or  the  enforcement  of  a  lien  upon  a  slave, 
or  movable  property  of  any  description,  and  makes 
oath  that  he  fears  the  defendant,  or  person  in  posses 
sion,  will  injure  or  ill-treat  such  slave,  or  waste  such 
property,  or  remove  such  property  or  slave  out  of  the 
county. 

4.  "When  any  person  sues  for  the  title  or  possession 
of  real  estate,  and  makes  oath  that  he  fears  the  de 
fendant,  or  person  in  possession,  may  make  use  of 
his  possession  to  injure  such  propert}T,  or  waste  the 
fruits  and  revenue  produced  by  the  same,  or  convert 
them  to  his  own  use. 

5.  "When  any  person  sues  for  the  title  or  possession 
of  any  property  from  which  he  has  been  ejected  by 
force  or  violence,  and  makes  oath  to  the  facts. 

The  person  applying  for  a  writ  of  sequestration, 
must,  in  all  cases,  first  make  affidavit  of  sufficient 
facts,  and  file  that,  together  with  his  bond,  in  the 
Court  in  which  his  suit  is  pending.  The  bond  is 
made  payable  to  the  defendant  for  a  sum  of  money 
equal  to  double  the  value  of  the  property  to  be 
sequestrated. 

These  proceedings  can  be  had  only  after  petition 
filed  in  court. 
12* 


138  LEGAL   RIGHTS    AND   REMEDIES. 

Form  of  Sequestration. 

11  THE  STATE  OF  TEXAS  TO  THE  SHERIFF  OF  MATAGORDA 
COUNTY,  GREETING  : 

"  You  are  hereby  commanded  to  take  into  your 
possession  the  following  described  property,  if  to  be 
found  in  your  county,  to  wit  (here  describe  the  pro 
perty),  and  it  safely  keep,  subject  to  the  future  order 
of  our  said  District  Court,  unless  J.  P.,  who  is  de 
fendant  herein,  or  any  other  person,  in  whose  posses 
sion  all  or  any  of  the  aforesaid  property  shall  be 
held,  shall  replevy  the  same,  according  to  law. 

"Herein  fail  not,  and  make  due  return  of  this  writ 
to  the  office  of  the  Clerk  of  the  District  Court  for 
said  county  of  Matagorda,  on  or  before  the  second 
Monday  after  the  first  Monday  in  October  next. 
"Attest:  E.  L., 

"  Clerk  of  said  District  Court. 

[L.  s.]  "  Given  under  my  hand  and  seal  of 
office,"  &c. 

Property  exempt  from  Forced  Sale. 

By  the  law  of  1839,  there  was  reserved  to  every 
citizen  or  head  of  a  family,  free  from  execution,  fifty 
acres  of  land,  or  one  town  lot,  including  his  or  her 
homestead  and  improvements,  not  exceeding  five 
hundred  dollars  in  value ;  all  household  and  kitchen 
furniture,  not  to  exceed  two  hundred  dollars  in  value ; 
all  implements  of  husbandry,  not  to  exceed  fifty  dol 
lars  in  value;  all  tools,  apparatus,  and  books  belong- 


LEGAL    RIGHTS   AND    REMEDIES.  139 

ing  to  the  trade  or  profession  of  an}T  citizen ;  five 
milch-cows  (and  calves),  one  yoke  of  work  oxen  or 
one  horse  (mule),  twenty  hogs,  and  one  year's  pro 
vision. 

The  Constitution  of  the  State  of  Texas,  adopted 
in  1846,  altered  that  portion  of  the  above  exemption 
which  relates  to  homesteads,  but  allowed  the  other 
portions  of  the  old  law  to  remain  for  future  action 
by  the  Legislature. 

By  the  Constitution,  "  the  homestead  of  a  family, 
not  to  exceed  two  hundred  acres  of  land  (not  included 
in  a  town  or  city  lot),  or  any  town  or  city  lot  or  lots, 
in  value  not  to  exceed  two  thousand  dollars,  is  ex 
empt  from  execution,  and  reserved  to  the  family.  It 
will  be  perceived,  that  by  the  old  law  the  exemptions 
applied  to  every  citizen  or  head  of  a  family,  and  that, 
by  the  constitutional  provision,  the  homestead  ex 
emption  is  entirely  changed,  and  only  applies  to 
heads  of  families ;  the  remainder  of  the  old  exemp 
tion  law  is  still  in  force,  and  single  men  avail  them 
selves  of  it,  while  heads  of  families  claim  under  the 
Constitution. 

By  the  old  law,  the  valuation  of  the  homestead 
applies  to  the  land  or  lot,  and  all  improvements 
thereon ;  by  the  constitutional  provision,  the  valua 
tion  seems  to  relate  specifically  to  the  soil.  The 
owner  of  a  homestead,  if  a  married  man,  cannot 
alienate  it  unless  by  consent  of  the  wife,  manifested 
in  the  conveyance,  as  I  have  before  shown.  Neither 
can  the  homestead  be  mortgaged  for  any  debt  or 


140  LEGAL   RIGHTS   AND   REMEDIES. 

contract,  even  if  the  deed  of  mortgage  be  made  with 
all  the  formalities  required  in  an  alienation  of  same 
property,  for  the  reason,  that  the  intent  and  end  of  a 
mortgage  is  judicial  foreclosure,  and  a  forced  sale. 

The  only  mode  by  which  the  homestead  of  a  mar 
ried  man  can  be  made  to  act  the  part  of  a  collateral 
security,  is  to  get  the  husband  arid  wife  to  execute  a 
deed  of  trust  on  it,  with  power  in  the  trustee  to  sell 
on  failure  of  payment.  The  homestead  rights  are 
not  acquired  in  a  piece  of  property  against  the  per 
son  from  whom  purchased,  until  the  property  is  paid 
for.  The  husband  and  wife,  although  ever  so  much 
involved  in  debt,  may  sell  their  homestead,  and  col 
lect  the  money  therefor,  free  from  hinderance-on  the 
part  of  creditors. 

Thus,  it  is  seen,  that  our  laws  are  paternal  and 
equitable,  in  making  wise  provisions  for  the  shelter 
and  protection  of  the  wife  and  helpless  family  from 
the  ruthless  attacks  of  ever-vigilant  creditors,  and 
from  the  inevitable  ruin  incident  to  the  conduct  of 
dissipated  and  profligate  husbands.  In  misfortune, 
sickness,  and  old  age,  the  husband  and  wife,  if  they 
have  been  provident  enough,  in  their  prosperity,  to 
secure  a  home,  have  one  sacred  retreat,  which  -the 
shafts  of  creditors  cannot  reach ;  debts,  judgments, 
and  executions,  are  as  paper  pellets  thrown  at  a 
castle  wall.  Nothing  conduces  so  much  to  the  hap 
piness,  patriotism,  and  independence  o.f  a  people,  and 
to  the  permanent  prosperity  and  good  order  of  a 
State,  as  judicious  homestead  laws. 


LEGAL   RIGHTS   AND   REMEDIES.  141 

The  hearthstone  of  the  family,  although  its  mem 
bers  may  be  bowed  down  with  sorrow  and  affliction, 
and  though  dire  poverty,  misfortune,  and  distress, 
may  have  assailed  on  every  side,  and  even  entered  at 
the  door,  becomes  an  altar  for  the  stricken  family 
circle,  where  hope  for  brighter  days  is  engendered, 
and  parental  and  filial  love  soothe  the  broken  spirits ; 
where  the  holy  peace  within  contrasts  strangely  with 
the  tempest  of  misery  without.  Is  not  that  man 
more  noble,  who  can  utter,  with  the  intense  feelings 
of  confident  independence  —  "This  domicil,  which 
shelters  my  family,  although  humble  ;  this  soil,  which 
I  till  for  bread,  is  theirs  and  mine ;  and  no  power  of 
law,  or  force  of  circumstances,  can  wrest  it  from  us"? 

If  I  had  a  voice  in  framing  a  system  of  laws,  and 
sincerely  desired  to  imbue  the  people  with  honest 
principles,  to  make  virtue  and  industrious  habits 
predominate,  I  would  endeavor  to  exempt  from  forced 
sale  ample  homesteads. 

The  w-ant  of  such  a  protection  is  a  fruitful  source, 
in  many  countries,  of  vagabondism,  crime,  and  im 
morality. 

Creditors  are  too  prone  to  view  all  exemption  laws 
as  merely  the  coverts  for  rogues  and  cheats;  but,  in 
taking  this  view  of  the  matter,  they  are  only  calcu 
lating  their  own  immediate  losses  or  gains. 

The  inhabitants  of  a  State,  who,  under  adversity, 
are  protected  from  total  ruin  by  homestead  laws,  are 
far  more  to  be  relied  on  in  their  contracts,  as  a  gene 
ral  thing,  than  those  who  have  no  such  safeguard ; 


142  LEGAL   RIGHTS    AND    REMEDIES. 

and  the  aggregate  of  bad  debts,  broken  contracts, 
and  absconding  debtors,  will  be  much  greater  under 
the  rigid  rale  of  strip  a  man  of  all  lie  hath,  than  under 
the  latter  system. 

If  a  few  fraudulent  debtors  are  unjustly  shielded 
under  our  good  laws,  how  many  more  debtors  are 
there,  who,  by  their  effect,  are  enabled  to  remain 
honest,  to  eventually  extricate  themselves  from  pecu 
niary  involvements,  and,  in  the  end,  to  pay  their 
debts  ? 

The  debtor  who  has  a  permanent  domicil,  and  an 
interest  in  the  soil,  which  he  can  call  the  property 
of  himself  and  family  beyond  all  peradventure,  how 
ever  much  he  is  buffeted  by  adverse  fortune,  still 
maintains  a  sense  of  moral  dignity  and  self-esteem, 
that  are  incentives  to  retrieve  his  true  position. 

The  one  system  would  endeavor  to  make  the  un 
fortunate  heads  of  families  enemies  to  all  law,  and 
outcasts  and  lepers  of  society,  while  the  other  fosters 
and  encourages  them  in  well-doing,  and  makes  them 
supporters  of  the  laws  and  institutions  of  their 
country.  One  is  an  enemy  of  society,  the  other  an 
segis  for  the  well-being  of  our  fellow-citizens,  and  a 
great  advance  in  the  happy  results  of  civilization. 

Much,  in  times  past,  has  been  written  and  said  in 
favor  of  imprisonment  for  debt,  and  the  same,  and 
no  better  reasons,  may  be  urged,  by  those  relentless 
Jews,  who  are  in  favor  of  abolishing  the  last  earthly 
refuge  of  unfortunate  human  nature.  Let  us,  then, 
be  thankful,  and  rejoice  that  we  live  under  a  govern- 


LEGAL    RIGHTS   AND    REMEDIES.  143 

ment  of  benign  institutions,  and  that  the  laws  are 
not  antagonistic  to  virtue  and  happiness.  Let  it  be 
the  first  and  last  solicitude  of  every  head  of  a  family 
to  look  well  to  the  future  protection  of  those  whom 
Heaven  has  entrusted  to  their  care.  Every  husband 
should  consider  it  a  sacred  duty,  whether  rich  or  poor, 
to  make  preparation  according  to  his  means,  that  the 
partner  of  his  jctys  and  sorrows,  and  his  little  ones, 
may  not,  in  the  event  of  his  early  death  or  ruinous 
misfortune,  be  cast  upon  the  cold  world,  homeless 
and  unsheltered ;  such  a  fate,  superadded  to  other 
troubles,  is  sufficient  to  turn  aside  from  the  paths  of 
rectitude  and  morality  those  tender  hearts  that  before 
knew  no  guile.  Sickness,  misfortune,  and  death,  are 
common  to  all  men,  and  poverty  is  the  normal  state 
of  all;  affluence  is  not  always  the  result  of  well-laid 
plans,  and  wealth  falls  only  to  the  lot  of  a  favored 
few. 

The  ownership  of  a  homestead  imparts  to  the 
family  an  independence  and  self-reliance  which  the 
mere  tenant,  and  his  dependent  family,  can  never 
enjoy  ;  tenancy  is  a  relic  of  feudal  times ;  the  condi 
tion  of  the  lower  orders,  in  all  despotic  and  over 
peopled  governments ;  and  no  family,  in  a  country 
like  this,  should  occupy  so  degraded  a  position. 

County   Courts. 

Each  county  has  its  county  court,  which  consists 
of  a  chief  justice  and  clerk,  and  has  jurisdiction  in 
all  matters  concerning  the  probating  of  last  wills, 


144  LEGAL   RIGHTS   AND   REMEDIES. 

granting  letters  of  administration,  letters  of  guardian 
ship  and  settlement,  and  supervision  of  deceased  per 
sons'  and  minors'  and  lunatics'  estates. 

The  clerk  is  also  recorder  of  deeds,  mortgages,  and 
all  other  instruments  of  writing  which  require  to  be 
recorded. 

This  court  holds  its  sessions  on  the  last  Mondays 
of  every  month. 

All  claims,  of  whatever  nature,  against  deceased 
persons'  estates,  must  be  sworn  to  by  the  owner  or 
agent,  and  presented  to  the  administrator  or  executor 
thereof,  within  twelve  months  after  the  grant  of  ad 
ministration  or  executorship,  for  acceptance.  After 
approval,  they  must  be  presented  to  the  chief  justice 
for  approval;  and,  if  not  presented  within  twelve 
months,  such  claims  are  postponed  until  the  payment 
of  all  those  presented  within  due  time. 

If  a  claim  be  presented,  duly  authenticated,  to  an 
executor  or  administrator,  and  he  or  she  rejects  it, 
then  the  owner  of  such  claim  must  bring  suit  in  the 
district  or  justice's  court  (according  to  amount)  within 
three  months,  or  the  claim  is  barred. 

"When  a  judgment  is  rendered  against  an  estate 
on  a  money  claim,  it  runs  that  the  same  be  paid  in 
due  course  of  administration,  and  no  execution  can. 
be  issued. 

Justices'   Courts. 

Each  county  is  divided  into  a  convenient  number 
of  justices'  precincts,  and  two  justices  are  elected  for 


LEGAL   RIGHTS   AND  REMEDIES.  145 

each  precinct.  They  are  designated  Class  No.  1  and 
Class  No.  2.  No.  1  holds  court  on  the  first  Saturday 
of  every  month  for  civil  business,  and  No.  2  on  the 
last  Saturday. 

All  civil  suits  can  be  brought  in  this  court  where 
the  amount  or  value  does  not  exceed  one  hundred 
dollars,  exclusive  of  interest  and  costs. 

The  trials  and  proceedings  in  this  court  are  con 
ducted  with  very  little  formality,  and  it  is  very  unu 
sual  that  any  written  pleadings  are  filed.  The  rules 
of  evidence  are  the  same  as  in  district  courts. 

This  is  not  a  court  of  record. 

Justices  of  the  Peace  have  jurisdiction  as  at  com 
mon  law,  to  comprehend  all  vagorem  men,  and  are 
general  conservators  of  the  peace  and  good  morals. 

Promissory  Notes. 

In  a  country  of  such  vast  extent  as  Texas,  with 
such  varieties  of  soil,  climate,  and  production,  offer 
ing  so  many  and  such  various  inducements  for  trade, 
speculations  and  employment,  men  frequently  change 
their  abiding  places,  and  perhaps  the  person  whom 
you,  six  months  ago,  contracted  with,  in  one  of  the 
seaboard  counties,  is  now  a  resident  of  the  most  ex 
treme  portion  of  the  State,  five  or  six  hundred  miles 
distant;  and  this  distance,  with  our  facilities  of  com 
munication,  is  as  much  here  as  so  many  thousands 
of  miles  in  some,  other  regions. 

And  it  frequently  becomes  very  inconvenient  for 
the  creditor  to  follow  up  his  debtor,  and  be  obliged 
13 


146  LEGAL   EIGHTS  AND   REMEDIES. 

to  sue,  under  great  disadvantages,  in  a  remote  county 
from  the  one  of  the  contract.  In  order  to  obviate 
this,  the  law  has  provided  that  where  a  person  con 
tracts  to  pay  or  perform  in  a  particular  county,  he 
may  be  sued  in  that  county,  or  in  the  county  of  his 
domicil ;  therefore,  in  taking  a  promissory  note,  or 
other  obligation,  it  is  better  to  pursue  a  form  that 
will  secure  this  advantage. 

Form. 

"  MATAGORDA,  TEXAS,  July  1,  1857. 
"  750-00. 

"  Twelve  months  after  date,  for  value  received,  I 
promise  to  pay  to  Richard  Roe,  or  order,  the  sum  of 
seven  hundred  and  fifty  dollars,  with  interest,  at  the 
rate  of  ten  per  cent,  per  annum,  from  date,  until 
paid.  And  I  hereby  further  agree  to  pay  this  note 
in  the  city  and  county  of  Matagorda. 

"(Signed)   '  JOHN  DOE.* 


CHAPTER  XIII. 

LANDS:    HOW  THEY  ARE  ACQUIRED  IN  TEXAS. 

THE  State  of  Texas  holds  the  eminent  domain  of 
all  the  public  lands  within  her  limits ;  and  all  titles 
to  lands,  since  the  Declaration  of  Independence,  have 
issued  directly  from  the  government. 

The  United  States  have  no  authority  over,  or  right 
of  interference  in,  our  land  system ;  and,  so  far  as 
that  is  concerned,  we  are  still  an  independent  nation. 
The  vast  extent  of  our  public  lands,  over  and  above 
all  liabilities,  constitutes  a  fund  which  places  Texas, 
in  point  of  wealth,  far  in  advance  of  all  the  other 
States.  It  is  true  that  this  is,  at  present,  dormant 
capital,  but  increasing  in  money  value ;  and  can,  at 
any  time,  by  legislative  enactment,  be  called  into 
active  use.  The  land-grants  of  Texas  are  divided 
into  two  great  classes:  the  first  consists  of  specifically 
designated  lands,  granted  directly  by  the  sovereignty, 
or  a  subordinate  authority,  to  the  individual.  The 
second  class  consists  of  inchoate  rights  to  lands.,  evi 
denced  by  certificates  and  scrip,  issued  from  various 
departments  of  government,  on  paper,  calling  for  a 
certain  number  of  acres ;  and  entitles  the  holder  or 

(147) 


148  LANDS. 

owner  to  locate  and  appropriate  any  of  the  public 
domain,  not  otherwise  withdrawn.  These  certificates 
and  scrip  are  evidences  of  debt  against  the  govern 
ment,  payable  in  land  when  applied  for. 

The  first  species  comprises  all  the  land  titles  ema 
nating  from  Spain,  Mexico,  and  the  Empresario 
grants  to  colonists,  and  are  all  in  the  Spanish  lan 
guage,  under  rights  accruing  previous  to  March  2, 
1836,  at  which  time  Texas  was  declared  an  indepen 
dent  republic.  On  Nov.  13,  1835,  the  land-offices 
were  closed,  by  the  Provisional  government,  and  all 
land  transactions  were  suspended ;  but  the  Empre 
sario  contracts  were  in  force  until  the  severance 
from  Mexico ;  that  is,  colonists  were  allowed  to  be 
introduced,  up  to  that  date,  under  their  supervision. 

On  Dec.  22,  1836,  a  general  land-office  was  esta 
blished,  at  the  seat  of  government,  the  chief  officer 
being  named  commissioner:  this  officer  was  em 
powered  to  execute  all  acts  touching  the  public  lands, 
and  had  the  custody  of  all  books  and  archives  con 
cerning  the  same ;  and  all  the  documents  in  posses 
sion  of  the  various  Empresarios  were  ordered  to  be 
transferred  and  filed  in  this  office. 

The  commissioner  also  became  the  only  source 
from  which  government  titles  or  patents  could  issue, 
and  they  were  to  be  countersigned  by  the  President 
of  the  Republic. 

Texas  was  also  divided  into  land  districts,  with  a 
subordinate  land-office  in  each :  a  surveyor-general 
was  appointed  for  each  district,  who  had  deputies,  to 


LANDS.  149 

perform  the  public  surveying:  there  was  also  a  register 
and  receiver  for  each ;  and  any  person  who  was  en 
titled  to  land  could  have  the  same  surveyed,  by  ap 
pearing  before  the  register  and  receiver,  and  making 
proof  of  his  or  her  right:  the  survey,  after  being 
made,  is  sent  to  the  general  land-office,  for  patent. 

Soon  after,  all  the  functions  of  the  several  land- 
offices  were  suspended,  by  different  laws,  until  the 
first  Thursday  in  January,  1838  ;  and,  by  the  subse 
quent  act,  opening  the  land-office,  the  whole  system 
was  remodelled,  and  the  very  expensive  machinery 
heretofore  in  use  abolished.  Up  to  this  time,  no 
land  certificates  had  been  issued,  excepting  to  soldiers. 

The  new  system  established  in  every  county  a 
board  of  land  commissioners,  whose  duty  it  was  to 
investigate  the  rights  of  applicants  for  head-right 
certificates,  to  take  testimony,  and  to  issue  or  tto 
reject:  if  rejected,  the  claimant  had  the  right  of 
appeal  to  the  next  term  of  the  District  Court  for  the 
county.  Head-right  certificates,  issued  by  these 
boards,  could  be  located  on  any  of  the  public  do 
main,  provided  that  persons  having  head-rights,  by 
emigration,  before  March  2,  1836,  had  a  right  to 
make  selections  six  months  previous  to  those  who 
emigrated  after  that  time. 

All  persons  entitled  to  lands,  and  who  had  pro 
cured  surveys  to  be  made,  previous  to  the  closing  of 
the  general  land-office,  in  1835,  but  who  had  not 
received  titles,  were  entitled  to  patents  for  the  same. 
The  head-right  certificates,  issued  by  the  foregoing 
13*  " 


150  LANDS. 

local  boards,  I  shall,  for  convenience,  designate  as 
first-class  and  second-class  —  the  latter  of  which  had 
certain  conditions  attached. 

On  January  29,  1840,  Congress  passed  a  law, 
making  two  boards  of  travelling  land  commissioners, 
consisting  of  three  persons  each,  who  visited  every 
county,  and  examined  the  records  of  the  local  boards, 
and  took  testimony  concerning  each  head-right  cer 
tificate  which  had  been  issued :  they  then  reported  to 
the  general  land-office,  recommending  for  patents  all 
certificates  which  they  had  adjudged  good,  and  reject 
ing  all  which  could  not,  or  were  omitted  to  be,  satis 
factorily  reproven  to  them.  Many  persons,  honestly 
entitled  to  their  certificates,  lost  them,  by  the  death 
or  absence  of  the  witnesses  by  whom  they  first  esta 
blished  their  rights,  before  the  local  boards  —  not 
having  anticipated  this  readjudication  of  rights  \vhich 
they  deemed  fully  vested  by  law. 

It  is  true,  the  travelling  commissioners  reported 
to  the  general  land-office  the  good  and  the  rejected 
certificates ;  but  the  certificates  themselves  not  being 
before  them,  in  their  investigations,  those  that  were 
condemned,  on  their  face,  appeared,  to  the  uninitiated, 
as  fair  as  those  that  were  recommended ;  and  hun 
dreds  of  persons,  both  in  Texas  and  the  United  States, 
were  deceived  and  defrauded,  in  purchasing  them ; 
and  many  such  are  still  afloat.  There  is  no  doubt, 
that  the  local  boards,  being  influenced,  in  some  in 
stances,  by  gain,  and,  in  others,  through  carelessness, 
issued  many  land  certificates  to  persons  not  entitled, 


LANDS.  151 

or  on  very  frail  proof;  but  it  was  far  better  that  the 
government  should  suffer,  through  its  agents,  than 
that  individuals  should  be  imposed  on  by  the  govern 
ment,  acting  through  persons  of  its  own  selection. 

Claimants  whose  head-right  certificates  had  been 
rejected  by  the  travelling  board,  had,  until  July, 
1847,  a  right  of  appeal  to  the  district  courts,  or, 
more  properly,  of  suing  the  State  in  said  courts ; 
and,  by  a  recent  act,  they  can  now  bring  their  cases 
before  the  Court  of  Claims,  at  Austin. 

Under  the  colonization  laws,  every  head  of  a 
family,  whose  occupation  was  farming  and  stock- 
raising,  was  entitled  to  a  league  and  labor  (4605 
acres) ;  if  only  stock-raising,  one  league  (4428  acres). 
Every  single  man  was  entitled  to  one-fourth  of  a 
league  (1107  acres) ;  but  it  was  very  common  for 
two  single  men  to  unite,  call  themselves  a  family, 
and  obtain  a  whole  league :  these  latter  grants  are 
now  considered  beyond  investigation.  The  land 
claims  issued  by  Texas,  since  she  became  discon 
nected  from  Mexico,  are  head-right  certificates,  mili 
tary  certificates,  land-scrip,  which  was  sold  by  agents 
of  the  Republic  of  Texas,  various  premium  certifi 
cates,  school  certificates,  public  improvement  certifi 
cates,  and  colony  head-right  certificates. 

Persons  who  were  living  in  Texas  at  the  date  of 
the  Declaration  of  Independence  (March  2,  1836), 
were  considered  citizens;  and  all  citizens  living  in 
Texas  at  the  adoption  of  the  Constitution  (March 
17,  1836),  and  who  had  not  received  their  land, 


152  LANDS. 

were  entitled  to  it,  in  like  manner  as  the  colonists 
of  the  Empresarios.  Volunteer  soldiers,  who  arrived 
in  Texas  between  March  2,  1836,  and  August  1, 
1836,  and  had  received  honorable  discharges  from 
the  army,  were  entitled  to  head-rights,  in  the  same 
proportion  as  the  original  colonists. 

Of  Head-rights,  First  Class. 

1.  Every  head  of  a  family,  where  the  family  re 
sided  in  the  country,  was  entitled  to  a  head-right 
certificate  of  one  league  and  labor  of  land. 

2.  Every  single  man,  of  the  age  of  seventeen  years 
and  upwards,  was  entitled  to  a  head-right  certificate 
of  one-third  of  a  league. 

3.  All  persons  who  had,  under  any  of  the  coloni 
zation  laws,  received  their  leagues  of  land,  as  heads 
of  families,  and  their  quarter  of  a  league,  as  single 
men,  were  entitled  to  an  additional  quantity,  viz., 
enough  to  increase  the   league  to  one  league   and 
labor,  and  the  quarter  of  a  league  to  one- third :  this 
being  an  additional  grant  of  177  acres  to  the  mar 
ried  man,  and  369  acres  to  the  single  man. 

4.  Single  men,  who  were  in  Texas  on  March  2, 
1836,  and  who  were  entitled,  under  the  Constitution, 
to  one-third  of  a  league  of  land,  became,  by  marry 
ing,  before  Dec.  14,  1838,  entitled  to  an  augmenta 
tion  of  two-thirds  of  a  league  and  one  labor,  or  3128 
acres,  additional. 

5.  By  a  law  passed  Dec.  18,  1837,  all  persons  who 
had  then  been  permanently  disabled  in  the  military 


LANDS.  153 

service  of  Texas,  were  each  entitled  to  one  league 
and  labor  of  land  (extra)  —  the  certificates  for  which 
were  to  be  issued  by  the  local  boards. 

The  local  boards  had  no  authority  to  issue  any  of 
the  foregoing  land  certificates,  after  the  second  Mon 
day  in  March,  1840. 

The  head-right  certificates  of  the  first  class  had  no 
subsequent  conditions  attached. 

Of  Head-rights,  Second  Class. 

Every  single  free  white  man,  who  was  not  entitled 
to  a  head  right  of  first  class,  provided  he  arrived  in 
Texas  previous  to  Oct.  1, 1837,  wras  entitled  to  a  con 
ditional  head-right  certificate  of  640  acres,  and  every 
head  of  a  family  to  a  conditional  certificate  of  1280 
acres.  The  conditions  were,  that  the  grantee,  and 
his  family,  should  remain  in  the  country  three  years, 
and  do  and  perform  all  the  duties  required  of  other 
citizens ;  after  which  time,  the  grantee  was  entitled 
to  an  unconditional  certificate. 

All  of  the  second  class  of  claimants  who  were 
single  men,  and  had  married  before  1st  October, 
1837,  were  entitled  to  an  additional  certificate  of  640 
acres,  making  the  same  amount  as  to  persons  who  emi 
grated  with  their  families. 

On  the  15th  January,  1841,  local  boards  were  or 
ganized  for  the  purpose  of  issuing  unconditional  cer 
tificates  to  all  those  persons  who  had  received  condi 
tional  certificates  of  second  and  third  classes. 

By  a  subsequent  amendment,  these  boards  became 


154  LANDS. 

empowered  to  issue  unconditional  certificates  of  the 
second  and  third  classes,  to  all  persons  who  had  be 
come  entitled  by  length  of  residence,  without  ever 
having  obtained  conditionals:  the  applicant  was 
obliged  to  make  proof  as  foregoing. 

By  a  law  of  1848,  the  local  boards  were  prohibited 
from  issuing  any  land  certificates,  excepting  to  those 
persons  who  had,  under  previous  laws,  obtained  con 
ditional  certificates. 

Up  to  the  first  day  of  February,  1856,  there  were, 
with  certain  intervals,  local  boards  of  land  commis 
sioners  in  every  county,  which  tribunals  were  empow 
ered  to  issue  unconditional  land  certificates  (only). 

Of  Head-Rights— Third  Glass. 

Heads  of  families,  who  emigrated  to  Texas  with 
their  families,  after  October,  1837,  and  before  the  1st 
day  of  January,  1840,  were  entitled  to  head-rights 
of  640  acres,  and  single  men  to  half  of  the  amount. 

The  .conditions  for  third  class  were  the  same  as  in 
second  class;  provided,  that  no  sale  of  a  conditional 
certificate  of  the  third  class  was  valid. 

The  act  granting  third  class  head-rights  speaks  of 
a  conditional  and  unconditional  grant  of  land ;  does 
not  use  the  word  certificate  ;  still  the  boards  of  com 
missioners  issued  land  certificates  under  the  law,  in 
the  same  form  as  second  class  head-rights.  I  think 
the  Legislature  intended  that  the  emigrants  should 
select  their  quantum  of  land  from  the  public  domain, 
and  procure  it  to  be  recognised  in  some  way  by  the 


LANDS.  155 

local  boards ;  and,  after  a  residence  of  three  years, 
that  they  should  be  entitled  to  an  unconditional  title 
for  the  specific  land.  Unconditional  certificates  were 
granted  on  third  class  conditional  certificates  until 
February  1st,  1856. 

Of  Head-Rights — Fourth  Class. 

Heads  of  families,  emigrating  with  their  families 
after  the  first  of  January,  1840,  and  before  the  first 
of  January,  1842,  were  entitled  to  conditional  head- 
right  certificates  of  640  acres  each,  and  single  men 
to  half  the  amount.  Conditions  same  as  in  the  fore 
going. 

Of  Military  Land  Claims. 

All  persons  who  performed  military  services  under 
the  Republic  of  Texas,  in  any  regularly  organized 
company,  up  to  1838,  were  entitled  to  land  certificates 
in  the  following  ratio,  over  and  above  their  head- 
rights,  viz :  For  three  months'  services,  320  acres ; 
for  six  months,  640  acres;  for  nine  months,  960 
acres ;  for  twelve  months,  or  more  (in  one  tour  of 
duty),  1280  acres. 

Of  Special  Military  Gf-rants. 

1.  All  soldiers  who  wTere  in  the  battle  of  San  Ja- 
cinto  (April  21st,  1836),  were  entitled  to  extra  land 
certificates  for  640  acres  each,  called  donation. 

2.  The  soldiers  who  took  part  in  the  reduction  of 


156  LANDS. 

Bexar  (December,  1835),  were  entitled  to  land  certi 
ficates  of  640  acres  each. 

3.  Those  who  were  in  the  action  of  March,  1836, 
under  the  command  of  Cols.  Fannin  and  Ward,  were 
entitled  to  land  certificates  of  640  acres. 

4.  The  heirs  of  those  who  fell  at  the  Alamo,  under 
Bowie  and  Travis,  were  entitled  to  like  extra  amount. 

The  heirs  of  the  above  men  who  were  single,  were 
entitled  in  all,  including  head-right,  to  4036  acres, 
and,  if  married,  to  7165  acres.  The  recipients  of 
donation  certificates  were  at  first  prohibited  from  sell 
ing  or  assigning  them  ;  but  the  law  has  been  repealed, 
and  they  now  stand  on  the  same  footing  of  other  cer 
tificates. 

Soldiers'  land  certificates,  of  the  various  kinds,  are 
a  large  and  truly  meritorious  class  of  claims  against 
the  public  domain,  but,  by  the  destruction  of  the 
adjutant  general's  office,  in  1855,  and  the  law  esta 
blishing  the  court  of  claims,  much  distrust  and  diffi 
culty  has  been  thrown  around  them,  while  other 
kinds,  of  an  inferior  grade  of  merit,  have  been  more 
favored. 

Of  Locations  and  Surveys. 

1.  A  land  certificate  of  any  kind  may  be  located 
in  two  tracts,  and  the  owner  receives  two  separate 
patents. 

2.  District  surveyors  are  allowed  $3  for  every  lineal 
mile  actually  run. 

3.  The  State  is  divided  into  thirty-six  surveyors' 


LANDS.  157 

districts,  and  each  district  includes  several  counties, 
and  has  a  public  surveyor. 

4.  A  person  having  a  land  certificate,  and  being 
desirous  to  locate  it,  writes  a  description  of  the  vacant 
tract  of  land  that  he  selects,  and  hands  it,  together 
with  his  certificate,  to  the  surveyor,  whereupon  it  is 
surveyed. 

5.  All  locations  and  surveys  must  be  returned  to 
the  General  Land  Office  within  twelve  months  after 
location,  or  both  certificate  and  land  become  forfeited. 
A  certificate  once  located  can  never  be  raised. 

6.  Agents  charge  for  locating,  surveying,  procuring 
patent,  and   paying   all   expenses,   one-third  of  the 
land,  or  fifteen  cents  per  acre. 


CHAPTER  XIY. 

COURT    OF    CLAIMS. 

ON  the  1st  of  August,  1856,  our  Legislature,  passed 
a  law  establishing  a  Court  of  Claims,  which  is  a  tri 
bunal  of  unprecedented  and  most  extensive  and  arbi 
trary  power.  All  land  claims  come  under  the  scru 
tiny  of  the  commissioner  of  this  court,  and  are  by 
him  to  be  examined  and  re-adjudicated  on,  excepting 
head-rights,  of  the  first  and  second  classes,  which 
have  been  passed  on  by  the  travelling  boards,  and 
excepting  certificates  issued  to  colonists  of  Peter's, 
Mercer's,  Castro's,  and  Fisher  and  Miller's  colonies, 
and  the  premium  certificates  of  said  colonies,  and 
some  few  other  special  certificates  of  modern  in 
vention. 

All  persons  who  were  entitled  to  land  claims,  under 
any  of  the  laws  granting  head-rights  or  military  land 
certificates,  and  who  never  received  their  rights,  may 
obtain  the  same  by  making  the  like  proof  before  the 
commissioner,  that  would  have  entitled  them  by  the 
respective  laws  under  which  they  claim.  The  claim 
ant  must  also  prove  identity.  The  applicant  and 
witnesses,  if  claiming  in  any  other  way  than  by  heir- 

(158) 


COURT   OF   CLAIMS.  159 

ship,  must  appear  in  person  before  the  court  at  Aus 
tin,  which  makes  the  business  rather  unprofitable; 
the  appropriate  record  evidence  must  also  be  made. 

All  persons  holding  any  kinds  of  land  certificates, 
excepting  first  and  second  class  head-rights,  and  colo 
nists'  and  special  civil  certificates,  must  present  them 
to  the  commissioner  of  claims,  for  examination  and 
registration,  within  two  years  from  the  1st  day  of 
September,  1856,  or  they  will  be  forever  barred  from 
location  and  patent,  and,  in  fact,  become  of  no  value. 

All  persons  having  land  certificates,  or  any  interest 
in  such  property,  should  bear  this  in  mind ;  the  time, 
even  now,  is  too  short,  and  many  will  be  severe  suf 
ferers  by  their  neglect  or  want  of  information. 

Even  those  land  certificates  that  have  been  located, 
surveyed,  and  returned  to  the  General  Land  Office 
long  since,  if  they  had  not  been  patented  on  the 
passage  of  this  law,  are  subject  to  all  the  conditions 
and  restrictions  therein  contained. 

It  was  the  common  practice,  where  a  man  sold  his 
claim  to  a  military  certificate  before  its  issuance,  for 
the  adjutant  general,  on  proper  evidence,  to  issue  the 
certificate  to,  and  in  the  name  of,  the  assignee,  and 
land  certificates  made  out  and  issued  in  this  manner 
have  always  been  considered  valid;  and  the  Com 
missioner  of  the  General  Land  Office  has,  heretofore, 
when  such  certificates  were  located,  surveyed,  and 
returned  to  his  department,  without  hesitation  al 
ways  issued  patents  in  the  name  of  the  assignee. 
Hundreds  of  such  certificates  have  been  issued  by  a 


160  COURT   OF   CLAIMS. 

high  functionary  of  government,  running  through 
several  years,  and  have  entered  into  many  business 
transactions,  passing  from  assignee  to  assignee  by  the 
various  mutations  of  trade  and  speculation  ;  and  they 
were  issued  in  consideration  of  the  valuable  services 
of  a  meritorious  class  of  persons,  and  by  them  trans 
ferred  for  an  adequate  payment.  But  now,  the 
assignees  of  such  land  claims,  unless  they  have  caused 
them  to  be  located  and  patented,  will,  very  likely, 
become  losers.  And  I  do  not  see  any  cause  why  the 
patents  themselves  should  not  be  set  aside  as  void; 
for,  if  the  claim  in  its  inception  were  void,  no  execu 
tive  action  can  amend  it.  The  reasonable  conclusion 
is,  that  all  patents  for  lands,  issued  to  assignees  of 
soldiers'  certificates,  which  come  under  the  prescrip 
tions  hereinafter  set  forth,  are  by  law  void ;  therefore, 
many  persons  who  are  holding  patents,  and  esteem 
ing  them  conclusive  titles  to  lands,  may  be  reckoning 
on  empty  shadows  as  evidences  of  property.  In 
order  to  a  better  understanding  of  the  subject,  it  will 
be  necessary  to  state  the  case  more  fully.  Formerly, 
any  person  who  was  entitled  to  a  military  land  certi 
ficate  could  sell  his  claim,  and,  by  delivering  the  evi 
dences  of  his  services  to  the  purchaser,  and  the  deed 
of  conveyance,  the  transfer  became  complete ;  the 
latter  then  sent  his  evidences  of  title  to  the  adjutant 
general,  who  thereupon  issued  to  the  purchaser,  as 
assignee,  a  land  certificate.  During  the  summer  of 
1855,  the  adjutant  general's  office,  together  with  all 
the  archives,  muniments  of  titles,  and  muster  rolls, 


COURT   OF  CLAIMS.  161 

were  burned  and  completely  annihilated,  not  only 
wiping  out  all  the  record  evidence  of  the  military 
services  which  had  been  ren.dered  to  Texas,  in  the 
time  of  her  necessities,  but  destroying  what  is  now 
considered  legal  evidence  of  assignees'  titles,  viz., 
the  muster-rolls  on  which  the  original  claimants 
based  their  claims,  and  the  written  transfers  and 
conveyances  to  assignees. 

This  catastrophe  was  and  is  a  dire  calamity  to 
many  persons,  and  one  which  the  legislature,  instead 
of  endeavoring  to  alleviate,  have,  by  their  action, 
aggravated  and  taken  advantage  of,  and  made  it  a 
source  of  embarrassment  to  all  persons  having  any 
interest  in  military  land  claims.  The  destruction  of 
the  military  archives  cannot  be  considered  among 
the  inevitable  providences  of  God  which,  at  times, 
afflict  all  nations ;  neither  can  it  be  considered  an 
unavoidable  accident,  under  common  precaution ; 
but  one  of  gross  and  culpable  carelessness,  or,  more 
properly,  of  the  most  criminal  neglect,  showing  an 
utter  disregard  and  contempt,  by  those  in  power,  for 
the  rights  of  the  people.  These  archives  were  stored 
(not  even  sheltered)  in  an  old,  rickety,  infirm  log- 
hut,  of  contracted  dimensions,  such  as  had  been, 
built  by  some  squatter,  in  the  early  settlement  of  the 
country ;  affording  but  questionable  protection  against 
the  weather,  and  no  security  from  casualties  by  fire, 
or  premeditated  destruction  or  abstraction,  for  pur 
poses  of  fraud.  While  thousands  upon  thousands 
were  lavished  by  our  servants  on  costly  furniture  and 
14* 


162  COURT   OF   CLAIMS. 

gorgeous  drapery,  this  important  department  of 
government,  second  to  no  other  as  a  custodian  of 
the  people's  rights,  was  consigned  to  a  log-cabin  —  a 
hovel  amid  oriental  public  palaces. 

The  poorest  county  in  the  State  would  not  trust 
its  comparatively  unimportant  archives  so  recklessly. 
Kow,  the  law  establishing  the  Court  of  Claims,  among 
other  absurdities,  requires  a  greater  strictness,  and  is 
far  more  stringent  towards  military  claimants,  than 
ever  was  before  dreamed  of;  and  it  says  that  all 
military  land  claims,  before  being  patented,  must  be 
presented  to  the  Commissioner  of  the  Court  of 
Claims,  for  examination,  registry,  and  approval. 
When  a  military  certificate  is  presented  for  said 
purposes,  and  the  Commissioner  has  in  his  office 
any  record,  or  paper,  showing  the  certificate  to  be 
a  genuine  one,  or,  if  the  evidence  of  at  least  two 
credible  witnesses,  taken  in  open  court,  or  before 
any  officer  in  this  State,  using  a  seal,  is  produced  to 
him,  that  it  is  a  genuine  one,  he  shall  file  such  evi 
dence,  and  shall  write  across  the  face  of  the  certifi 
cate  the  word  "approved,"  with  the  date  of  its  ap 
proval,  and  sign  his  name  thereto.  "Provided,  how 
ever,  that  he  shall  withhold  his  approval  from  any 
bounty  or  donation  certificate,  issued  to  an  assignee 
since  the  24th  day  of  November,  1851,  until  the 
genuineness  of  the  assignment,  and  the  identity  and 
residence  of  the  parties  and  witness  thereto,  shall  be 
proved  by  at  least  two  credible  witnesses  thereto." 
Now,  this  is  most  solemn  mockery,  or  a  farce :  after 


COURT   OF  CLAIMS. 


163 


having  destroyed  the  evidences  of  the  assignment, 
they  now  tell  the  assignee  to  show  his  original  title  : 
his  rights,  acquired  under  one  law,  are  divested 
under  another  enactment  of  superior  wisdom;  but 
he  is  told  that,  if  he  can  perform  an  impossibility, 
he  may  still  be  secured. 


OF  THE 

UNIVERSITY 

OF 


CHAPTER    XY. 

ITINERARY. 


MILES. 

Powder  Horn  to  Lavacca 16 

"  Victoria 46 

«  Yorktown 81 

"  Sulphur  Springs...  121 

"  San  Antonio 151 

Victoria  to  Quaro 40 

"        Gonzales 80 

"        Lockhart ...  110 

«        Austin 145 

Powder  Horn  to  Goliad.  via  Victoria    68 

Victoria  to  Goliad. 28 

Goliad  to  Yorktown 22 


MILES. 

Goliad  to  Clinton 28 

"        Gonzales 54 

"        San  Antonio 90 

"        Helena 36 

"        Refugio 28 

"        San  Patricio 56 

"        Corpus  Christi,  via  Refugio    68 
"        Brownsville  Dist,  via  San 

Patricio 216 

«        Rio  Grande  City 208 

"        Lanedo 117 

Matagorda  to  Galveston 90 


RIVER    ROUTES    FROM    GALVESTON. 
UP  THE   BRAZOS  RIVER. 


MILES. 

60 

3 

7 

4 


To  the  mouth 

Calvert's 

Cashe's 

Crosby's 

Payne's 9 

Brazoria 4 

Columbia 12 

Sayre's 3 

Tinsley's 8 

Hill's 3 

Towne's 2 

Port  Sillivan 60 

Bolivar 1 

Menard 3 

Lobdell's 40 

Manadue's 4 

Big  Creek 2 


MILES. 

To  Waters's 16 

Richmond 20 

Gaston's 22 

Randon's 45 

San  Felippe 45 

Crump's 8 

Caney 30 

Groce's 8 

Peebles's 4 

Lancaster 30 

Warren 2 

Rock  Island 40 

Washington 27 

Hidalgo 6 

Cole's 70 

Munson's  Shoals 40 

Moseley's 25 

(164) 


ITINERARY. 


165 


UP  THE  TRINITY  RIVER. 


MILES. 

To  Liberty 104 

Green's  Ferry 6 

Hardin's 22 

Robinson's 20 

Tanner's 3 

J.  Davis's : 8 

Farrier's. 12 

Troy 18 

Cherry's 1 

Bray's  Camp 2 

Smithfield 18 

Washington's 1 

Drew's 4 

Summers' s 5 

M'Cardles's 1 

R.  Smith's 2 

Cochran's 6 

Cedar  Landing 2 

Victory 4 

Swartwout 2 

Johnson's  Bluff 35 

HarrelPs  Landing 10 

Patrick's  Ferry 15 

Jones's 4 

Fry's 6 

Ryon's 4 

Sol  Adams's 3 


MILES. 

To  Whiterock 12 

Carolina 5 

Mrs.  M'Don's 5 

Evans's  Gin 2 

.  Stubblefields 8 

M'Kinzie's 6 

Wright's  Bluff. .-. 13 

Cincinnati 3 

Gorce's  Landing 10 

Osceola 1 

Westmoreland 20 

Clark's  Bluff. 3 

Robbin's  Ferry 10 

Bosnian's 6 

Cairo 10 

Alabama 16 

Br'kfiel's  Bluffs 20 

Moore's  Old  L 2 

Kickapoo  Shoals 10 

Hall's  Bluff 3 

Navarro 32 

Magnolia 31 

Blackshears's 10 

Parker's  Bluff 15 

West  Point 10 

Evans's 12 

Pine  Bluff. 16 


CHAPTEE  XVI.. 

GENERAL  VIEW  OF  COAST,  FACE  OF  COUNTRY,  ISLANDS, 
TIMBER,  HEALTH,  RESOURCES,  ESTACADO,  MINERALS, 
AND  RAILROADS. 

THE  coast  of  Texas,  along  the  Gulf  of  Mexico, 
is  invariably  low :  no  high  lands  are  to  be  seen,  on 
the  coast,  from  the  Sabine  to  the  Rio  Grande:  on 
the  shore,  sea-shells  and  flat  sand-stones  are  to  be 
found.  The  stones  are  scattered  along  the  coast, 
from  the  former  river  to  within  about  thirty  miles 
east  of  Passo  Cavallo,  evidently  showing,  in  places, 
at  no  great  depth,  an  underlying  of  sand-stone  rock, 
of  a  grey  or  yellow  color.  No  stones  are  found  on 
the  coast,  going  west  from  that  point,  but  there  is 
black  mica;  and,  on  Del  Padre's  island,  it  is  so 
abundant,  that  ship-loads  taken  from  there  would 
make  no  sensible  diminution.  More  than  three- 
fourths  of  the  whole  distance  of  sea-coast  is  lined 
with  long  narrow  islands  or  peninsulas,  running  pa 
rallel  with  the  main  land,  and  forming  large,  irregu 
lar,  and  shallow  bays.  These  lands  are  made  by 
accretion,  and  are  yearly  enlarging,  under  ordinary 
circumstances;  but  sometimes  one  of  the  "West  Indian 

(166) 


GENERAL  VIEW  OF  THE  COUNTRY.       167 

hurricanes  alters  their  configuration.  The  city  of 
Galveston  is  founded  on  one  of  the  smallest  and 
most  unsafe  of  these  accretions.  They  are  all  inha 
bited  by  small  farmers  and  stock-raisers,  and  are 
much  resorted  to,  in  the  summer  months,  by  inva 
lids.  All  kinds  of  fish  and  game  are  abundant. 
The  bays  so  formed  are  the  receptacles  of  all  the 
rivers  in  Texas,  excepting  the  Brazos  and  Del  N"orte. 
The  back  country  is  level,  and  much  prairie,  with 
timber  on  the  river  bottoms.  No  rock  is  to  be  found, 
excepting  seventy  or  eighty  miles  from  the  coast. 
The  rotten  sand-stone  is  the  first  met :  it  crops  out 
on  the  river  bluffs.  The  eastern  portion  of  the  State 
has  more  favorable  seasons  than  the  country  west  of 
the  Guadalupe :  from  thence  to  the  Eio  Grande,  the 
want  of  rain  is  frequently  the  cause  of  a  failure  of 
crops,  and  to  such  a  degree,  that  settlers  are  fre 
quently  induced  to  change  their  locations  to  more 
inland  regions:  in  general,  the  farther  from  the  sea 
board,  the  more  sure  are  the  seasons,  for  the  farmer. 
For  health,  the  western  portion  of  the  State  has 
always  been  unequalled  by  any  part  of  the  world  — 
the  dryness  of  the  climate  not  admitting  of  mias 
matic  diseases. 

The  water-shed  of  the  country  is  to  the  south-east; 
and,  although  the  prairies  are,  to  the  eye,  extremely 
level,  all  the  main  rivers  are  rapid. 

Pine  and  cypress  are  in  inexhaustible  quantities,  in 
the  eastern  portion  of  the  State,  on  the  Sabine,  He 
ches,  Trinity,  San  Jacinto,  and  their  tributaries ;  and 


168       GENERAL  VIEW  OF  THE  COUNTRY. 

the  lumber  trade  with  the  sea-board  towns  is  exten 
sive.  The  other  kinds  of  timber,  pretty  generally 
diffused,  are  many  kinds  of  oak,  tapulo,  gum,  ash, 
peccan,  hackberry,  and  cedar.  Live-oak  commences 
on  the  Brazos,  and  extends  westwardly  to  the  Rio 
Grande.  The  mezquit  timber  is  west  of  the  Guadalupe. 
The  richest  lands  in  the  State  are  between  the 
Colorado  and  Brazos  rivers,  and  on  small  creeks  or 
beds  of  rivers  not  subject  to  overflow,  such  as  Caney, 
San  Bernard,  and  Peach  Creek :  on  these  water 
courses  are  over  500  square  miles  of  alluvial  bottom 
land,  which  is  never,  under  any  circumstances,  sub 
ject  to  overflow ;  but  this  part  of  the  State  settles 
up  slowly,  as  the  lands  are  held  in  large  tracts:  the 
health  of  this  region  is  generally  good,  to  those  who 
have  any  prudence.  I  have  no  doubt  that  the  cattle 
grazing  has  conduced  much  to  this  effect;  for,  when 
the  country  was  first  settled,  the  prairie-grass  and 
cane-bottoms  were  of  the  rankest  and  densest  kind : 
now,  the  vegetation  is  kept  down  more  by  the  great 
number  of  cattle  and  frequent  fires,  and  the  mala 
rious  influences  thereby  weakened.  There  are  no 
minerals,  on  the  sea-board,  excepting  salt,  which,  in 
the  western  portion,  is  in  inexhaustible  quantities. 
The  salt  region  commences  beyond  the  San  Antonio ; 
but  its  access  to  market  is  so  obstructed,  by  shallow 
bays,  that  it  has  not  been  much  appropriated ;  other 
wise,  could  a  good  conveyance  be  had,  it  is  the  best 
salt  region  on  the  North  American  continent.  Timber 
is  scarce  in  that  locality. 


GENERAL  VIEW  OP  THE  COUNTRY.       169 

The  middle  portions  of  the  State  are  all  of  an  un 
dulating  description,  called  here  rolling  prairie  ;  which, 
for  beauty  of  scenery,  are  not  exceeded  by  any  State 
in  the  Union,  and  is  considered  more  healthy  than 
the  planting  region  of  the  sea-board. 

The  north-west  portion  of  the  State,  called  the 
Prairie  Estacado,  and  between  that  and  the  Rio 
Grande,  including  100,000  square  miles,  is  useless, 
unsettled,  and  will  remain  so  for  years  to  come:  its 
want  of  water,  and  want  of  ways  of  access,  will  keep 
these  lands  for  a  long  time  out  of  market :  they  pos 
sess  the  qualities  required  for  cultivation :  timber  is 
scarce  in  the  eastern  part.  That  portion  west  of  the 
Pecos  is  partly  timbered :  this  is  a  bold,  deep  stream, 
and  empties  into  the  Rio  del  Norte.  This  region  is 
not  less  than  2500  feet  above  the  level  of  the  sea ; 
and  the  whole  will  be  brought  into  notice,  and  ren 
dered  valuable,  if  the  Southern  Pacific  railroad  be 
built  —  of  which,  at  present,  there  seems  to  be  no 
kind  of  doubt.  The  road  is  intended  to  run  through 
the  southern  portion,  from  east  to  west ;  and,  should 
it  be  constructed,  as  the  ranges  of  mountains  are 
north  by  east,  and  the  valleys  of  fifty  miles  in  width 
being  level,  such  a  railroad  would  open  this  almost 
unknown  region  to  the  uses  of  our  people.  Not  one 
of  the  least  of  the  great  advantages  of  this  important 
national  work,  would  be  the  development  of  our 
mineral  wealth :.  copper,  silver,  and  coal,  are  known 
to  exist,  in  several  localities ;  but  their  value  and 
quantity  have  not  been  ascertained.  Iron  of  superior 
15 


170       GENERAL  VIEW  OF  THE  COUNTRY. 

quality  is  abundant  in  the  eastern  portion  of  the 
State.  Our  mineralogical  knowledge  of  the  country 
is  very  circumscribed ;  and  research  should  be,  in 
some  way,  stimulated.  No  State  or  country  in  the 
world  is  more  favorably  situated  for  building  railroads 
than  Texas — the  country  being  generally  level,  and, 
where  there  are  inequalities  in  the  surface,  the  rises 
and  descents  are  generally  gradual  and  moderate. 
So  well  adapted  for  common  roads  is  it,  that  wheel- 
carriages  traverse  in  every  direction,  without  any 
regard  to  beaten  tracks;  and  we  have  no  rises,  with 
bottomless  morasses,  or  impassible  mountain  gorges  ; 
and  most  of  the  extensive  surface  is  more  like  an 
English  lawn,  on  a  large  scale,  with  its  romantic 
concomitants  of  streamlet,  dell,  and  slope,  dotted 
and  skirted,  here  and  there,  with  its  groves  and 
forests,  in  primeval  grandeur  and  luxuriance. 


CHAPTER    XVII. 


NAMES   OF  DECEASED   LAND   CLAIMANTS. 

Names  of  certain  persons  who  died  in  Texas,  in 
early  times,  and  whose  heirs  are  entitled  to  claims 
for  lands  —  some  of  them  to  between  four  and  five 
thousand  acres.  I  have  in  my  possession  the  evi 
dences  of  hundreds  of  other  claimants,  which  will, 
from  time  to  time,  be  published. 


Adams,  J.  M. 

Allen,  Layton. 

Allison,  Alford. 

Armstrong,  Wm.  S. 

Atwell,  William. 

Austin,  Andrew ;  from  New  York 

or  vicinity. 
Bagly,  J.  S. 
Baker,  Stephen. 
Barton,  J.  B. 
Barton,  John. 
Betts,  Marvin. 
Bond,  Burr  S. 
Bray,  Lister  J.  H. 
Bright,  John. 
Brown,  William  S. 
Brown,  W.  A.  J. 
Buller,  Bennett. 
Burk,  Allen. 
Burk,  David  N. 


Burknapp,  Leonard ;  from  N.  T. 

or  Pa. 

Caligrom,  John. 
Calk,  James. 
Carlisle,  G.  W. 
Churchill,  Thos.  S. 
Chinn,  John. 
Coglan,  Geo.  W. 
Coleman,  Jacob. 
Comstock,  Wm. 
Conrad,  Collin. 
Conway,  Matthew. 
Courtman,  G.  F. 
Crittenden,  Marshall  P. 
Cross,  John. 
Cunningham,  John  D. 
Dearick,  George. 
Dickinson,  W. 
Donal,  John  0. 
Dubose,  Wm.  P.  B. 

(171) 


172 


NAMES   OF   DECEASED   LAND   CLAIMANTS. 


Dwenny,  N.  J. 

Dyer,  George, 

Edich,  Henry. 

Eddy,  Andrew  H. 

Ehernberg,  Herman 

Ellis,  Michael. 

English,  Robert. 

Equinon,  Conrad. 

Fanning,  John ;  in  1837,  had  a 
family  in  Texas,  who  left. 

Fisher,  J.  H. 

Freppard  (or  Treppard),  Francis 
J. ;  printer,  from  Tenn. 

Green,  Wm.  J. 

Hamilton,  James. 

Harris,  William. 

Hasty,  Henry. 

Hatfield,  William. 

Heck,  C.  F. 

Hitchard,  John. 

Hughes,  Wiley. 

Johnson,  Charles. 

Kelly,  James. 

Kenyon,  A.  D. 

Kissam,  P.  F. 

Landus,  J.  H. 

Lloyd,  Daniel ;  from  N.  Y.  city. 

Lynch,  A.  M. 

Mann,  William. 

M'Hugh,  Michael  (Irish);  for 
merly  a  merchant  here. 

M'Lellan,  Alexander. 

M' Murray,  William. 

M'Nelly,  Bennett. 

M'Night,  George. 

Numlin,  John. 

Oldum,  Benjamin. 

Paine  (or  Payne),  George ;  from 
Clark  co.,  Ga. 


Patterson,  Samuel  C. 

Pierce,  Stephen. 

Powers,  J.  M. 

Reed,  James. 

Rush,  Gabriel. 

Ryan,  Edward. 

Seward,  John. 

Schultz,  Henry. 

Scott,  James  (sailor),  was 
wounded  in  Texan  army: 
died  in  New  York  city,  in 
1836:  his  widow,  Mary 
Scott,  was  in  Texas,  but 
returned  to  New  York,  in 
1838,  with  Captain  Higgins. 

Smith,  Henry. 

Smith,  Thomas. 

Stephens,  William. 

Stewart,  Charles. 

Syers,  Daniel. 

Taylor,  Edward  M. ;  left  here, 
in  1838,  in  bad  health,  for 
New  England. 

Tresvunts, . 

Volickman,  J.  Q. 

Walters,  Nicholas  B. 

Ward,  John. 

Watson,  Joseph  W. 

Webb,  James. 

Wentworth,  William. 

Winningham,  William. 

Williams,  T.  J. 

Williams,  Joseph. 

Winns,  James  C. 

Witt,  Hughes. 

Wood,  W.  P. 

Wrenn,  Allen. 

Wyatts,  Peyton  S. 


NOTICE.  173 


NOTICE. 

Persons  claiming  as  heirs  to  any  of  the  foregoing,  or  having  any 
other  legal  business,  in  Texas,  which  they  desire  attended  to,  will  be 
promptly  answered  by  addressing  me. 

D.  E.  E.  BRAMAN. 

MATAGORDA  CITY,  Matagorda\  Attorney  and  Counsellor  at  Law. 

County,  TEXAS.  / 

REFERENCES. 

Hon.  James  C.  Wilson,  Comm.  Court  of  Claims,  Austin ;  Hon.  Ste 
phen  Crosby,  Comm.  General  Land  Office,  Austin;  Hon.  James  H. 
Bell,  Judge  First  Judicial  District,  Brazoria ;  Hon.  Matthew  Talbot, 
Chief  Justice,  Matagorda  county;  Nelson,  Clements,  &  Co.,  New 
York ;  Browning,  Stewart,  &  Allen,  New  York. 


15* 


CHAPTER  XVIII. 


POST-OFFICES  IN  TEXAS,  AS  FURNISHED  BY  THE  POST- 
MASTER  OF  GALVESTON,  WITH  CORRECTIONS,  TO 
DECEMBER  1,  1856. 

[County  towns  are  designated  by  an  asterisk  (  * ).] 


POST-OFFICES. 

Alma 

Almond  Grove... 

Alta  Springs 

Alto 

Alton 

Alley's  Mills 

Alum  Creek 

Alvarado  

Alguna 

Anadarco 

Anagua 

Anahuac 

Anderson 

Antioch 

Angelina 

Aransas 

Ash  Springs 

Ashton's 

Ashville 

Athens* 

Austin* 

Avant 


COUNTIES. 
Rusk. 
Red  River. 
Limestone. 
Cherokee. 
Denton. 
Cass. 
Bastrop. 
Johnston. 
San  Patricio. 
Rusk. 
Victoria. 
Liberty. 
Grimes. 
Lavaca. 
Angelina. 
Refugio. 
Harrison. 
Shelby. 
Harrison. 
Henderson. 
Travis. 
Freestone. 


POST-OFFICES. 

Bagdad 

Black  Jack  Grove 

Black  Oak 

Black  Jack  Spr's 
Barren  Ridge  ... 
Bason  Springs... 

Bastrop* 

Bean  Creek 

Bear  Creek 

Bearsden 

Beaumont* 

Beaver  

Bedi 

Bellevieu 

Bellville*  

Belmont 

Belone 

Belton* 

Belzora 

Bendy's  Landi'g 
Ben  Franklin.... 
Bethany 


COUNTIES. 
Williamson. 
Hopkins. 
Hopkins. 
Fayette. 
Van  Zandt. 
Grayson. 
Bastrop. 
Hunt. 
Sabine. 
Lavaca. 
Jefferson. 
Anderson. 
Grimes. 
Rusk. 
Austin. 
Gonzales. 
Austin. 
Bell. 
Smith. 
Tyler. 
Lamar. 
Panola. 

(174) 


LIST   OF   POST-OFFICES. 


1T5 


POST-OFFICES. 

Bethel  

COUNTIES. 

Anderson. 

POST-OFFICES. 

Caldwell*  

COUNTIES. 

Burleson 

Smith. 

Caledonia     .    .  . 

Ru«k 

Harrison. 

Calhoun  

Rusk. 

Bevelport  
Big  Creek  

Jasper. 
Fort  Bend. 

Cameron*  
Caney  •  ... 

Milam. 
Matagorda 

Bio"  Dollar  

Wood. 

Canton*   

Van  Zandt 

Billum's  Creek 

Tyler 

Carizo  .  .. 

Webb 

Biloxi  

Newton. 

Carthage*  

Panola. 

Birdville*  

Tarrant. 

Castroville*     .  . 

Medina 

Black  Hill  
Blossom  Prairie 
Blue  Hill  

Kauffman. 
Lamar. 
Williamson. 

Cat  Springs  
Carolina  
Calloway  

Austin. 
Falls. 
Upshur 

Blue  Bluff  

M'Lellan 

Cambridge  

Rusk 

Bluff  Springs.... 
Boerne*   

Travis. 
Kerr. 

Camden  
Case's  Mills  

Rusk. 
Travis 

Fannin. 

Caney  Head  

Tyler. 

Guadalupe. 

Cannonville  

Comal 

Boonville*   

Brazos 

Centre   

Rusk 

Boston* 

Bowie 

Cedar  Fork 

Bould  Springs... 
Box  Creek  
Brazos  St.  Jago 
Brazos  Bottom.. 
Brazoria*  
Brackett    

M'Lellan. 
Cherokee. 
Cameron. 
Burleson. 
Brazoria. 
Kinney 

Cedar  Bayou  
Cedar  Creek  
Cedar  Grove  
Cedar  Hill  
Cedar  Lake  
Centre  ville* 

Liberty. 
Bastrop. 
Kauffman. 
Dallas. 
Brazoria. 
Leon 

Brenham*    

Washington 

Chambersia       . 

Liberty 

Bright  Star  
Brownsboro'    ... 

Hopkins. 
Henderson. 

Chambersville... 

Liberty. 
Goliad 

Brownsville*  .... 
Baena  Vista  
Buffalo  

Cameron. 
Shelby. 
Henderson 

Chambers's  Cr'k 
Chance's  Prairie 
Chappel  Hill    ... 

Ellis. 
Burleson. 
Washington 

Bunker  Hill  

Rusk. 

Nacogdoches. 

Burkville*  
Burleson  

Newton. 
Lamt>asas 

China  Grove  
Cincinnati     . 

Gonzales. 
Walker 

Burnet*      

Burnet 

Clayton               . 

Grayson 

Butler  

Freestone 

Clarksville*   .... 

Red  River 

Bryant's  Station 

Milam. 

Clear  Fork  

Caldwell. 

176 


LIST   OF   POST-OFFICES. 


POST-OFFICES. 

Clear  Creek  

COUNTIES. 

Denton. 

POST-OFFICES. 

Eagle  Lake  

COUNTIES. 

Colorado 

Clinton  

Dewitt 

Eagle  Pass* 

Clopton       

Smith 

Earpville 

Coffeeville  

Upshur. 

Edinburgh  

Cameron 

Cold  Springs  

Polk. 

Effvpt  .  .. 

Colorado 

Coletto 

Dewitt 

Elkhart 

Colita  

Polk. 

Elm  Creek 

Falls 

College  Mound.. 
Columbia  

Kauffman. 
Brazoria. 

El  Paso*  
Elwood*  

El  Paso. 
Madison 

Columbus*  
Comanclie  Peak 

Colorado. 
Johnson. 

Elysian  Fields... 
Eutaw  

Harrison. 
Robertson 

Harrison. 

Erin  

Jasper 

Dewitt. 

Fairfield  

Freestone 

Copano  

Refu°rio. 

Fairmount    ...  . 

Sabine 

Corpus  Christi* 

Neuces. 

Fair  Play  

Panola. 

Corsicana*  
Gotland     

Navarro. 
Newton. 

Farmer's  Bran'h 
Fayetteville  

Dallas. 
Fayette 

Cotton  Gin 

Freestone 

Furguson 

Cotton  Plant  

Rusk. 

Henderson. 

Covington  
Crockett*  

Hill. 
Houston. 

Flintham's  T'n'd 
Flora  

Red  River. 

Smith 

Crimea        

Hill. 

Flowerdale  

Freestone 

Cass. 

Forrest  Home... 

Cass. 

Cuero*  

Dewitt. 

Fort  Graham.... 

Hill. 

Cunningham's  .. 
Cypress  City  
Dan^erfield  ...... 

Bastrop. 
Harris. 
Titus. 

Fort  Worth  
Fort  Belknap*.. 

Tarrant. 
Young. 
Uvalde. 

Dallas*  

Dallas. 

Four  Mile  Prai'e 

Van  Zandt. 

Danville  •••• 

Montgomery. 

Fredericksburg  . 

Gillespie 

Deer  Creek    .... 

Falls 

Rusk 

De  Kalb 

Bowie 

Freedom 

Medina. 

Colorado 

Douglass  

Nacogdoches. 

Friendship  

Harrison 

Douglassville.... 
Durk  Creek  

Cass. 
Dallas. 

Gainsville  
Gallatia  

Cook. 
Harrison. 

Dresden   

Navarro. 

Galveston  

Galveston 

Duncan's  Wood.. 

Orange. 

Garden  Valley... 

Smith. 

LIST   OF    POST-OFFICES. 


17T 


POST-OFFICES. 

Garcita 

Gay  Hill 

Georgetown 

Gilbert 

Gilmer 

Gilliland  Creek.. 

Gold  Hill 

Goliad  

Gonzales  

Gouldsboro' 

Goshen  

Glade  Springs... 
Graham's  Mills.. 

Grand  Bluff 

Grand  Cape 

Gray  Rock 

Greenville 

Grimesville 

Gulf  Prairie 

Gum  Spring 

Halifax 

Hallettsville 

Hall's  Bluff 

Hamburg 

Hamilton 

Harmony  Hill... 

Harrington 

Harrisburg 

Hartville 

Hackberry  Gro'e 

Havanna 

Helena* 

Henderson* 

Hendersonville.. 

Hesterville  

Hickory  Hill.... 
Highland 


COUNTIES. 
Victoria. 
Washington. 
Williamson. 
M'Lellan. 
Upshur. 
Travis. 
Hopkins. 
Goliad. 
Gonzales. 
Titus, 
Walker. 
Harrison. 
Shelby. 
Panola. 
Liberty. 
Titus. 
Hunt. 
Grimes. 
Brazoria. 
Smith. 
Polk. 
Lavaca. 
Houston. 
Van  Zandt. 
Shelby. 
Rusk. 
Angelina. 
Harris. 
Austin. 
Grayson. 
Dallas. 
Karnes. 
Rusk. 
Anderson. 
Dewitt. 
Cass. 
Collin. 


POST-OFFICES. 

Hilliard's 

Hillsboro' 

Hickory  Grove.. 
Hodge's  Bend... 
Holly  Springs... 

Home 

Honey  Grove.... 

Hooker's.. 

Hopewell 

Hopkinsville  .... 

Hortensville 

Houseville 

Houston* 

Howard 

Huntsville* 

Hornsby  

Independence  ... 
Indian  Grove.... 

Indianola  

Industry 

loni 

Jacksonville 

Jamestown  

Jasper*  

Jefferson 

Johns's 

Johnson's  Stat'n 

Jonesville 

Jordan's  Salines 

Jackson 

Jena 

Kauffman 

Keechi 

Kentucky  Town 

Kemp 

Kerrsville 

Kickapoo 


COUNTIES. 

Shelby. 

Hill. 

Smith. 

Fort  Bend. 

Wood. 

Walker. 

Fannin. 

Hunt. 

Upshur. 

Gonzales. 

Karnes. 

Harris. 

Harris. 

Bell. 

Walker. 


Washington. 

Grayson. 

Calhoun. 

Austin. 

Anderson. 

Cherokee. 

Smith. 

Jasper. 

Cass. 

Liberty. 

Tarrant. 

Harrison. 

Van  Zandt. 

Mason. 

Falls. 

Kauffman. 

Freestone. 

Grayson. 

Kauffman. 

Kerr. 

Anderson. 


178 


LIST   OF   POST-OFFICES. 


POST-OFFICES.  COUNTIES. 

Kidd's  Mills Leon. 

Kinlock.. Panola. 

Kiomatia Red  River. 

Knoxville Cherokee. 

Lagrange Fayette. 

Lake Trinity. 

Lake  Creek Lamar. 

Lamar Refugio. 

Lampassas* Lampassas. 

Lancaster Dallas, 

Laredo* Webb. 

Larissa Cherokee. 

Locust  Shade....  Dallas. 

Llano  Llano. 

Leona Leon. 

Lexington Burleson. 

Liberty* Liberty. 

Liberty  Hill Williamson. 

Licke Fannin. 

Linden* Cass. 

Lineville Panola. 

Linflat Nacogdoches. 

Linwood Cherokee. 

Little  Elm Denton. 

Live  Oak Dewitt. 

Liverpool Brazoria. 

Livingston* Polk. 

Lockhart* Caldwell. 

Lone  Star Titus. 

Long  Point Washington. 

Lynchburg  Harris. 

Lyons Fayette. 

Lewisville Denton. 

M'Goffinsville....  El  Paso. 

M'Gee's Liberty. 

M'Kinney* Collin. 

M'Millan's Panola. 


POST-OFFICES.  COUNTIES. 

Madisonville* ...  Madison. 

Madison. Orange. 

Magnolia. Anderson. 

Magnolia  Spri'gs  Jasper. 

Malakoff Henderson. 

Maple  Springs...  Red  River. 

Marion*    Angelina. 

Marlin* Falls. 

Marlow's  Mills..  Anderson. 

Marshall Harrison. 

Matagorda* Matagorda. 

Mayesville Bexar. 

Melrose Nacogdoches. 

Meridian* Bosque. 

Merilltown  Travis. 

Meyerville Dewitt. 

Midway Madison. 

Middletown Goliad. 

Milam* Sabine. 

Milford Ellis. 

Millhein Austin. 

Mill  Creek Bowie. 

Millican's Brazos. 

Millville Rusk. 

Millwood  Collin. 

Mission  Valley..  Victoria. 

Mitchell's Walker. 

Monterey Red  River. 

Montgomery*...  Montgomery. 

Moore's Bowie. 

Morales  deL'v'ca  Jackson. 

Moscow Polk. 

Moulton Gonzales. 

Mt.  Carmel Smith. 

Mt.  Enterprise..  Rusk. 

Mt.  Petria Dewitt. 

Mt.  Pleasant*...  Titus. 


LIST   OF   POST-OFFICES. 


179 


POST-OFFICES.  COUNTIES. 

Mt.  Vernon Limestone. 

Mound  Prairie..  Anderson. 
Mud  Springs....  Denton. 
Mulberry  Grove  Grayson. 

Murvall  Rusk. 

Muskeet Navarro. 

Mustang  Lavaca. 

Myrtle  Springs..  Bowie. 

Naches Houston. 

Nacogdoches*...  Nacogdoches. 

Nashville Milam. 

Navarro Leon. 

Navasoto Grimes. 

New  Braunfels*  Comal. 
New  Danville....  Rusk. 
Newburg  Mills..  Parker. 

Newport Walker. 

New  Salem Rusk. 

Newton* Newton. 

New  Ulm Austin. 

North  Sulphur..  Fannin. 

Neucestown Neuces. 

Oak  Grove Titus. 

Oakland Lavaca. 

Oat  Meal Burnet. 

Odessa Wise. 

Ogsburn Smith. 

Omega Upshur. 

Owensville* Robertson. 

Orizaba . 

Palestine* Anderson. 

Pallace  Hill Dallas. 

Pamplin's  Creek  Tyler. 

Paulineville Tyler. 

Parker's  Bluff...  Navarro. 

Paris* Lamar. 

Peachtree  Vill'ge  Tyler. 


POST-OFFICES. 

Personville  

Perry 

Perry  ville 

Petersburg  

Pierpont  Place.. 

Pilot  Grove 

Pilot  Point 

Pine  Bluff 

Pine  Hill 

Pine  Island 

Pinetown 

Pinetree 

Pin  Oak 

Piano 

Pleasant  Hill.... 
Pleasant  Run.... 

Plenitude  

Plum  Creek 

Plum  Grove 

Point  Isabel 

Point  Monterey.. 
Point  Pleasant... 
Pond  Springs.... 
Post  Oak  Island 
Porter's  Prairie 

PortCaddo 

Port  Lavaca 

Port  Sillivan 

Post  Oak 

Powellton 

Prairie  Creek.... 
Prairie  Cottage.. 

Prairie  Lea 

Prairie  Mount... 
Prairie  Plains... 

Prairieville 

Preston... 


COUNTIES. 
Limestone. 
M'Lellan. 
Bastrop. 
Lavaca. 
Dewitt. 
Grayson. 
Denton. 
Red  River. 
Rusk. 
Jefferson. 
Cherokee. 
Upshur. 
Fayette. 
Collin. 
Hopkins. 
Dallas. 
Anderson. 
Caldwell. 
Fayette. 
Cameron. 
Cass. 
Upshur. 
Williamson. 
Williamson. 
Burleson. 
Harrison. 
Calhoun. 
Milam. 
Bexar. 
Harrison. 
Dallas. 
Colorado. 
Caldwell. 
Lamar. 
Grimes. 
Kauffman. 
Wharton. 


180 


LIST   OF    POST-OFFICES. 


POST-OFFICES. 

Price's  Creek.... 
Prospect  
Prosperity  

COUNTIES. 

Dewitt. 
Burleson. 
Falls. 
Tyler. 
Navarro. 
Panola. 
Karnes. 
Austin. 
Gonzales. 
HiU. 
Gonzales. 
Medina. 
Brazoria. 
Wood. 
Gonzales. 
Ellis. 
Upshur. 

POST-OFFICES. 

Rusk*  

COUNTIES. 

Cherokee. 
Fayette. 
Parker. 
Williamson. 
Hill. 
Houston. 
Jefferson. 
Sabine. 
Uvalde. 
Bell. 
Newton. 
Calhoun. 
Gonzales. 
Bexar. 
Milam. 
San  Augustine. 
Colorado. 
Rusk. 
Austin. 
Bastrop. 
Williamson. 
Rusk. 
Hays. 
San  Patricio. 
Houston. 
Brazoria. 
San  Saba. 
Red  River. 

Guadalupe. 
Bexar. 
Austin. 
Smith. 
Galveston. 
Dallas. 
Montgomery. 
Austin. 

Rutersville  
Rutherford 

Providence  Hill. 
Porter's  Bluff... 
Pulaski  

Round  Rock  
Robertson  

Robins's  Ferry.. 
Sabine  City  
Sabine  Town.... 
Sabinal  

Panamaria  
Pine  Grove  
Pecan  Grove  

Salado  

Palo  Alto  
Quihi  

Saluria 

Quintana  
Quitman*  

Salt  Stream.  
San  Antonio*  ... 
San  Andres  
San  Augustine* 
San  Bernard  
San  Cosma  
San  Felipe  ... 

Rancho  

Red  Oak  

Red  Rock  
Red  Springs  
Red  Top  
Reed's  Settlenrt 
Reedy  ville  

Harrison. 
Panola. 
Hidalgo. 
Refugio. 
Hopkins. 
Grimes. 
Navarro. 
Fort  Bend 
Starr. 
Anderson. 
Austin. 
Collin. 
Lavaca. 
Kauffman. 
Starr. 
Harris. 
Collin. 
Fayette. 
Lamar. 

Sand  Fly  
San  Gabriel  
Sand  Hill  
San  Marcos*.... 
San  Patricio*... 
San  Pedro  

Retina  

Retreat  

Richland  Cross'g 
Richmond*  
Rio  Grande  C'y* 
Roadville  , 
Rock  Island  
Rock  Hill  
Rocky  Mills  
Rockwall  

Sandy  Point  
San  Saba*  
Savannah  

Sebastopol  

Selma  

Sempronius  
Seven  Leagues.. 
Seven  Oaks  
Scyene  

Rose  Hill  

Round  Top  
Round  Prairie... 

Shannon's 

Shelby... 

LIST   OF   POST-OFFICES. 


181 


POST-OFFICES. 

Shelbyville*  

COUNTIES. 

Shelby. 

POST-OFFICES. 

Triar  

COUNTIES. 

Bexar. 

Sherrnan  

Grayson. 

Union  Bridge  ... 

Titus 

Shiloh 

Hunt 

Union  Hill 

Shockey's  Prai'e 

Lamar. 

Unionville  

Cass 

Sistcrdale     

Comal 

Uvalde*      . 

Uvalde 

Smithfield        .  . 

Polk 

Valley 

Smithland    

Cass. 

Victoria*     

Victoria 

Skull  Creek  
Springfield  
Spring  Hill  
Sugar  Hill  

Colorado. 
Limestone. 
Navarro. 
Panola. 

Vine  Grove  
Waco  Village*.. 
Walling's  Ferry. 
Walnut  Hill    ..  . 

Washington. 
M'Lellan. 
Rusk. 
Panola 

Sulphur  Bluff... 

Hopkins. 

Johnston. 

Sulphur  Springs 

Cherokee. 

Fannin 

Summer  Grove.. 
Sumpter*     

Smith. 
Trinity. 

Warsaw  Prairie. 
Washington* 

Kauffman. 
Washington 

Sutherland  Spr's 

Bexar. 

Waverly  

Walker 

Swartwout  
Swearengen's.... 
Sweet  Home  
Tehuacana  Spr's 

Liberty. 
Austin. 
Lavaca. 
Limestone. 

Waxahachie*.... 
Weatherford*  ... 
Webberville  
Weiss  Bluff  

Ellis. 
Parker. 
Travis. 
Jasper 

Taos    

Navarro 

West  Liberty 

Tarkino'ton's  P'e 

Liberty 

Weston 

Collin 

Tarrant*  

Hopkins. 

Wharton*  

Wharton 

Taylorsville*  ... 

Wise. 

Wheelock  

Robertson 

Teli^o           

Ellis 

White  Cottage 

Shelby 

Tenn'e  Colony 

Anderson 

White  Oak 

Texina*            •• 

Jackson 

White  Rock 

Hill 

Timber  Creek... 
Town  Bluff.  

Hunt. 
Tyler. 

Willow  Springs.. 
Winnsboro'  

Mil  am. 
Wood 

Austin. 

Woods's  

Panola 

Trinidad  

Kauffman. 

Woodland 

Troupe        

Smith 

Woodville 

Tyler 

Cherokee 

Woodboro' 

Freestone 

Younf's  Settle't 

Ba^trop 

Truet's  Store.... 

Shelby 

Zavalia.  .  ...... 

Jasper 

Tyler*   

Smith 

Zoar                   . 

Gonzales 

16 

CHAPTER  XIX. 


COUNTIES    AND     COUNTY     SITES. 


[County  towns  not  established  are  designated  by  an  asterisk  (  *  ). J 


COUNTIES.  COUNTY-TOWNS. 

Anderson Palestine. 

Angelina Marion. 

Austin San  Felipe. 

Atascosa  Newtown. 

Bastrop Bastrop. 

Bell Belton. 

Burnet Hamilton. 

Bexar San  Antonio 

Bowie Boston. 

Brazoria Brazoria. 

Brazos Booneville. 

Burleson  Caldwell. 

Bosque Meridian. 

Bandera* . 

Brown* . 

Caldwell Lockhart. 

Calhoun Indianola. 

Cameron Brownsville. 

Cass Linden. 

Cherokee Rusk. 

Collin M'Kinney. 

Colorado  Columbus. 

Comal New  Braunfels. 

Cook Gainsville. 

Coryell Gatesville. 

Comanche* . 


COUNTIES.  COUNTY-TOWNS. 

Dallas Dallas. 

Denton Alton. 

Dewitt Clinton. 

Ellis Waxahachi. 

El  Paso San  Eleazario. 

Erath  Stephensville. 

Falls Marlin. 

Fannin Bonham. 

Fayette Lagrange. 

Fort  Bend; Richmond. 

Freestone Fairneld. 

Galveston Galveston. 

Gillespie Fredericksburg. 

Goliad  Goliad. 

Gonzales  Gonzales. 

Grayson Sherman. 

Grimes Anderson. 

Guadalupe Seguin. 

Harris Houston. 

Hidalgo.. Edinburgh. 

Harrison Marshall. 

Hays San  Marcos. 

Hill Hillsboro'. 

Henderson Athens. 

Hopkins Tarrant. 

Houston Crockett. 

(182) 


COUNTIES  AND   COUNTY   SITES. 


183 


COUNTIES.  COUNTY-TOWNS. 

Hunt Greenville. 

Jackson  Texana. 

Johnson Wardville. 

Jasper Jasper. 

Jefferson Beaumont. 

Jack Mesquiteville. 

Kauffman Kauffman. 

Kinney Brackett. 

Kerr Kerrsville. 

Lamar Paris. 

Lavaca Hallettsville. 

Leon  Centreville. 

Liberty. Liberty. 

Limestone Springfield. 

Lampasas Lampasas. 

Live  Oak* . 

Llano  Llano. 

Matagorda  Matagorda. 

M'Lennan Waco. 

Medina Castroville. 

Milam  Cameron. 

Montgomery  ....  Montgomery 

Maverick Eagle  Pass. 

M'Culloch . 

Nacogdoches Nacogdoches. 

Navarro Corsicana. 

Newton Newton. 

Neuces Corpus  Christi. 

Orange  Madison. 

Panola Carthage. 

Polk Livingston. 


COUNTIES. 

Presidio  

Parker 

Palo  Pinto 

Red  River 

Refugio 

Rusk 

Robertson 

Sabine 

San  Augustine.. 

San  Patricio 

Shelby 

Smith..."". 

Starr 

San  Saba 

Tarrant 

Titus 

Travis  

Trinity 

Tyler 

Upshur 

Uvalde 

Van  Zandt 

Victoria 

Walker 

Washington 

Webb  

Wharton  

Williamson  

Wood 

Wise* 

Young 


COUNTY-TOWNS. 

Presidio  C.  H. 

Weatherford. 

Golconda. 

Clarksville. 

Refugio. 

Henderson. 

Owensville. 

Milam. 

San  Augustine. 

San  Patricio. 

Shelbyville. 

Tyler. 

Rio  Grande  City. 

Rochester. 

Birdville. 

Mt.  Pleasant. 

Austin. 

Sumpter. 

Woodville. 

Gilmer. 

Uvalde. 

Canton. 

Victoria. 

Huntsville. 

Brenham. 

Webb  C.  H. 

Wharton. 

Georgetown. 

Quitman. 


Belknap. 


CHAPTER    XX 


MISCELLANEOUS. 


Elevations  of  different  Points  in  Texas :  mostly  from 
De  Cordova  and  Frasers  "  Traveller's  Guide." 


FEET. 

Lavaca 24 

Matagorda 12 

Cibolo 350 

Castroville 767 

Leona  mt.  (near  Ft.  Inge)  950 
Rio  San  Pedro,  last  cross'g  1827 

Howard's  Springs 2075 

Live  Oak  Creek 2337 

Rio  Escondido,  first  cross'g  3950 
Highest  point;  road  to  El 

Paso 5896 

Eagle  Spring 4842 

El  Paso 3750 

Big  Witchita 900 

Head  of  main  or  S.  F.  of 

Red  River 2450 

The  general  average  of  the  islands  and  peninsulas,  along  the  coast, 
is  not  more  than  five  cr  six  feet  above  sea  level. 

(184) 


FEET. 

Llano  Estacado 2300  to  2500 

Guadalupe,  m.  of  Sandies      50 

San  Antonio 635 

Fort  Inge 835 

R.  San  Pedro,  first  cross'g    859 

Table-lands  of  Texas 2091 

High  table-land  beyond....  3008 

Rio  Pecos  Valley 2658 

Leon  Spring 4240 

Painted  Camp 5020 

Providence  Creek 5492 

First  point  on  Rio  Grande..  3700 
Mouth  of  Little  Witchita..  750 
Junction  of  the  S.  and  N. 

Forks  of  Red  River...  1100 


MISCELLANEOUS.  185 


United  States  Military  Stations. 

Ringgold  Barr's,  Starr  county.  Fort  Mar'n  Scott,  Gillespie  county. 

Fort  M'Intosh...  Webb         "  "    Mason Bexar  " 

"    Brown Maverick"  "    Croughan..  Burnet  " 

"    Clarke Kinney      "  "    Phan'mHill,  Bosque  " 

"    Davis Presidio    "  "    Graham....  Hill  " 

"    Leighton  ..  on  the  R.  Grande.      "    Worth W.  F.  of  Trinity. 

"    Bliss El  Paso     "  San  Antonio Bexar  " 

"    Merrill Live  Oak  "  Camp  Cooper....       "  " 

"    Inge Uvalde       "  Camanche  Age'y 

"    Ferrell Bexar        "  (Tex.  Gov.)..  Cook  " 

"    M'Kavit  ...       "  "  Caddo      Agency 

"    Chadbourne      "  "  (Tex.  Gov.)..  Young  " 

Mexican  Land  Measure. 

In  all  lands  granted  by  Spain  and  Mexico,  the  quantities  are  desig 
nated  by  leagues,  labors,  and  varas,  and  their  fractions.  We  have, 
therefore,  reduced  them  to  English  measure,  as  follows,  viz. : 

One  vara  is  equal  to  33J  inches :  5646  square  varas,  one  acre, 
equal  to  4840  square  yards.  One  labor  is  1,000,000  square  varas, 
equal  to  ITTy^y5^  acres.  One-third  league  is  8,333-333  square  varas, 
equal  to  1476  acres.  One  league  is  25,000,000  square  varas,  equal  to 
4428  acres.  One  league  and  one  labor  is  26,000,000  square  varas, 
equal  to  4605  acres. 

To  find  the  number  of  acres  in  a  given  number  of  square  varas, 
divide  by  5646. 

To  bring  English  measure  into  Mexican,  add  eight  per  cent. 


16* 


CHAPTER  XXI. 


STATISTICS:    FROM   RICHARDSON'S  "TEXAS   ALMANAC," 
PUBLISHED  BY  THE  "  GALVESTON  NEWS." 


NEGROES,  HORSES,  AND  CATTLE,  IN  1850  AND  1855. 

COUNTIES. 

NEGROES. 

HORSES. 

CATTLE. 

1850. 

1855. 

ncr'se 
nfive 
year*. 

1850. 

1855. 

ncr'se 
n  five 

1850. 

1855 

in  five 
years. 

Anderson  

600 
196 
1549 
919 

1917 
291 
2353 
1748 
466 
34 
980 
1866 
4294 
427 
1054 
150 
1171 
352 
15 
3518 
2286 
438 
1580 
126 
123 
139 
481 
79 
963 
517 

1317 
95 
804 
829 

943 
558 
2715 
1912 

1721 
569 
3447 
3031 
2119 
361 
3791 
1089 
4576 
754 
I860 
703 
4113 
1131 
3884 
2010 
1265 
2316 
1869 
948 
400 
789 
2642 
926 
5928 
1593 
429 
1664 
2085 
4397 
2898 
1672 
831 
512 
1962 
5422 
2283 
2538 
3646 
2264 
2783 
1029 
415 

778 
11 
732 
1119 

7621 
6371 
22550 
18610 

13350 
9196 
33019 
25592 
16607 
1402 
40272 
5153 
53671 
13762 
26009 
9021 
19238 
21089 
13424 
7297 
4128 
11098 
13458 
10590 
4328 
4242 
13192 
8389 
31518 
13852 
2216 
14197 
12688 
26952 
30380 
13279 
15600 
10190 
1S733 
38231 
13566 
18915 
26280 
45106 
7493 
4526 
3817 

5729 
2825 
10469 
6982 

30983 
3031 
3479 
7453 
13243 

15196 
12811 
9105 
890 
5455 
62S5' 
8803 
9307 
3825 

9549 
6635 
13564 
10994 

2496 
12867 

Bell 

"591 
225 
787 
279 
554 

"879 
118 

1616 

1003 
304 
857 
.     65 
122 

"274 
69 
395 
440 

"704 
1349 
2454 
448 
973 

"218 
410 
942 
1340 
1618 
977 
3107 
119 
68 

"7*56 
249 
2635 
327 

3087 
260 
2122 
306 
887 

9289 
8184 
50192 
6309 
12766 

389 
1641 
3507 
148 
500 

Bowie  

Brazoria  

Burle.«on  

Caldwell 

274 
234 

53 
1902 
1283 
134 
723 
61 
1 

3895 
721 
2942 
670 
353 
1339 
1238 
829 
332 

4042 
8278 
4319 
8157 
9583 
4813 
22261 
1283 
503 

Cameron  

Cass  

Collin 

Colorado  
Comal  

Cooke 

Coryell 

207 
10 

568 

1868 
677 
3293 
1266 

"208 
2675 
1063 

440 
426 
1*30 
3103 
1410 
968 
2257 
546 
157 
818 
151 

3643 
1754 

17954 

2858 

10192 

14085 
29223 

13328 
788 
7731 
29726 
5111 
22324 
11563 
29123 
12530 
1733 
3392 

Dewitt...  

Ellis  

El  Paso 

Falls 

851 
1019 
2072 
1746 
2167 
963 
63 
416 
2140 
602 
3177 
1637 
1195 
7014 
517 
411 

"491 
1056 
192 

249 
58 
203 
1539 
416 
1497 
1302 
290 
801 
389 
330 

1877 
1722 
1835 

"391 
86 
432 
2319 
873 
1570 
1389 
1718 
2940 
216 
264 

528 
1016 
1554 

Fayette  

Fort  Bend  . 

1157 

2272 
9402 
11002 
8505 
8455 
3409 
14717 
15983 
5037 
2793 
425 

Galveston  

714 
5 
213 
601 
186 
1680 
335 
905 
6213 
128 
81 

Gillespie  

Goliad  

Guadalupe  
Harris 

Harrison  

HayS       

Henderson  

(186) 


STATISTICS. 


187 


NEGROES,  HORSES,  AND  CATTLE,  IN  1850  AND  1855. 

NEGROES.            ||              HORSES. 

CATTLE. 

COUNTIES. 

1850. 

1855. 

nfive 
years. 

1850. 

1855. 

ncr'sc 
in  five 

1850. 

1855. 

9156 
670 

in  five 
years. 

Hill 

254 

8S7 
109 
1-870 
1501 
1838 
1451 
613 
2785 
591 

Hidalgo 

Hopkins  

154 
673 
41 
339 
541 
269 

8S2 

1595 
198 
717 
991 
216 
120 

198 
992 
157 

378 
450 
35 

850 
1028 
361 
1074 
437 
1927 

1020 
473 
1477 
377 
176 
858 

8963 
13016 
3480 
20792 
5800 
29159 

18248 
12949 
17S71 
40437 
6127 
39657 
5047 

9285 
67 
14391 
19715 
327 
10498 

Hunt 

Jasper  

Jefferson  

65 

329 

264 

303 

1122 

819 

2865 

11308 

8443 

1085 
432 
621 
892 
618 

1296 
1004 
1455 
922 
680 
1048 
429 
1578 
25 
749 
1448 
1714 
1135 
602 
89 

211 
572 
834 
30 
62 

1988 
1456 
1202 

2487 
2107 
1901 
3203 
1799 
1887 
1190 
1638 
300 
2505 
1037 
2378 
2812 
496 
1315 

499 
652 
699 
752 
551 

14483 
12590 
14089 
45670 
13294 

12592 
16228 
14533 
58031 
21360 
15003 
10436 
33334 
5778 
18185 
6325 
14572 
29505 
4481 
14364 

1891 
3638 
444 
12361 
8066 

1675 
4981 
7555 
5452 
4693 
20240 
459 
4289 

Lavaca  

Liberty  

2451 
1248 

1208 
28 
436 
945 
1404 
246 
426 
47 

371 

3 
313 
503 
310 

889 
176 

42 

1078 
90 
1151 
1006 
I486 
896 
331 
677 

560 
210 
1414 
21 
892 
1916 
165 
638 

35009 
797 
10C30 
11777 
9879 
9265 
4940 
10075 

Medina  

Nacooxloches  

Navarro  

Newton 

Panola  

1193 

805 

1990 
1450 

797 
645 

1116 

1058 

1531 

1037 

415 
21 

6719 
15436 

8633 
5408 

1914 
10028 

Polk  

I're-idio        

Red  River 

1406 
19 
204 
2136 
912 
1561 

961 
717 

1807 
148 
1239 
3620 
800 
1448 
21 
775 
2439 

401 
129 
975 
1484 
142 
113 
18 
186 
1722 

1343 
407 
710 
2480 
784 
1048 
47 
1353 
980 

1731 
1550 
1584 
2712 
247 
946 
252 
941 
1684 

388 
1143 
874 
232 
537 
102 
205 
412 
704 

9182 
10124 
11634 
12423 
7293 
9063 
1692 
10985 
6133 

12811 

14833 
19959 
9670 
2144 
6003 
10510 

5557 

3629 
4709 
8325 
2753 
5149 
3060 
8818 
3713 
576 

Refugio  

Robertson  

Rusk   .  . 

San  Augustine  
San  Patricio  

Shelby      .    . 

Smith 

Starr  

Tarrant  

65 
467 
791 

280 
1216 
2068 
260 
752 
1784 

215 
749 
1277 

159 
953 
1511 

1696 
1053 
3746 
516 
713 
1025 

1537 
100 
2235 

1549 
6838 
11953 

13570 
7160 
18396 
7017 
5484 
3026 

12021 
322 
6443 

"546 
2447 

Titus  

Travis  ....        

Trinity  

Tyler 

418 

682 

334 
1102 

547 

996 

166 
29 

4938 
5473 

Upshur  

Uvalde    ... 

Van  Zandt  :.... 

40 

571 
1301 
2817 

125 

861 
2765 
4399 

8§ 
290 
1464 
1582 

623 

1838 
1818 
2552 

643 

2988 
1930 
4408 
274 
2179 
4045 
537 

20 
1150 
112 

1856 

1006 
1822 

4097 
13288 
23923 
21873 

15668 
21060 

7520 
28  243 
11947 
22090 
3539 
14977 
21832 
4069 

3423 
14955 
11976 
217 

''691 
772 

Victoria  

Walker  
Washington  
Webb  

Wharton 

1242 
155 

1798 
757 
354 

556 
602 

1173 
2223 

Williamson  

Wood  

188  STATISTICS. 

It  will  be  seen  that  the  slave  population  has  increased  from  58,161, 
in  1850,  to  105,704,  in  1855.  But  the  number  of  slaves  assessed,  in 
1850,  was  only  49,197  —  showing  an  increase,  by  the  assessments  of 
1855,  of  more  than  100  per  cent.  The  ad  valorem  value  has  risen 
from  $361,  in  1850,  to  $505,  in  1855.  Six  counties  show  a  decrease 
in  slaves,  during  the  five  years.  Two,  Cameron  and  Medina,  are  on 
the  Rio  Grande ;  and  the  decrease  arises  from  their  proximity  to 
Mexico,  making  this  kind  of  property  a  very  uncertain  one.  The 
other  four  counties  are  in  Eastern  Texas ;  and  the  decrease  arises, 
probably,  from  emigration  to  the  counties  further  west.  Those  coun 
ties  which,  in  the  column  of  1850,  are  blank,  have  been  organized 
since  that  time ;  and  those  in  the  column  of  1855  that  are  blank,  are 
not  yet  organized ;  at  least,  three  of  them  have  not  been,  and  from, 
the  other  two  no  returns  have  been  made. 

Horses  have  increased  from  89,223,  in  1850,  to  177,444,  in  1855,  or 
nearly  100  per  cent.  Eight  counties,  seven  of  which  are  in  the  east 
ern  portion  of  the  State,  show  a  decrease  in  this  stock,  during  the 
five  years.  This  arises  from  the  want  of  grass  in  Eastern  Texas,  the 
horses  having  been  removed  to  the  western  prairies.  To  the  same 
cause  is  to  be  attributed  the  decrease  of  cattle  which  occurs  in  twenty 
counties  of  the  State ;  all  in  the  eastern  counties,  except  Colorado. 
The  decrease  in  these  twenty  counties  has  taken  place  in  the  face  of 
an  increase  in  the  State  of  more  than  100  per  cent.,  during  the  five 
years.  This,  alone,  is  sufficient  to  establish  the  truth  of  what  we 
have  elsewhere  stated,  in  regard  to  the  great  superiority  of  the  west 
ern  counties  for  stock-raising.  A  careful  perusal  of  the  foregoing 
table  will  show  the  very  rapid  increase,  in  this  kind  of  stock,  since 
1850.  In  Bexar  county,  alone,  the  increase  of  cattle  was  from  9289 
head  to  40,272,  or  about  450  per  cent.,  during  the  five  years. 

The  whole  number  of  horses  and  cattle  assessed,  in  1850,  was 
750,352,*  valued  at  $5,222,270;  whilst,  in  1855,  the  number  had 

*  The  Census  Report  for  1850  gives  the  whole  number  of  horses  and  cattle  at 
1,019,337,  while  the  assessment  for  the  same  year  returned  only  750,352,  making  a 
difference  of  268,985  head.  We  cannot  conceive  why  so  large  a  difference  should 
occur;  for,  admitting  that  the  Census  Report  is  an  over-estimate,  and  the  assessment 
below  the  actual  number,  there  is  still  too  great  a  difference  to  reconcile  by  any 
ordinary  allowance  for  error.  There  is  no  doubt  but  that  the  assessed  number  is, 
annually,  considerably  below  the  true  one. 


STATISTICS.  189 

risen  to  1,603,146,  valued  at  $16,916,833,  or  an  increase  of  about 
110  per  cent,  in  number,  and  of  more  than  300  per  cent,  in  value. 

The  above  statement  shows  a  most  astonishing  result,  considering 
that  only  twenty  years  have  passed  since  Texas  was,  literally,  an  un 
cultivated  waste.  Ten  years  have  now  elapsed  since  the  annexation 
of  Texas  to  the  United  States,  during  which  time  her  wealth  has 
increased  nearly  five-fold.  It  will  be  seen  that  the  land  assessed  has 
increased  from  31,967,480  acres  to  45,419,836,  and  in  value  from 
$17,776,101  to  $58,334,624,  or  more  than  300  per  cent,  during  the 
ten  years.  The  average  value  per  acre  has  risen  from  about  55  cents, 
in  1846,  to  $1-28,  in  1855,  or  more  than  230  per  cent. 

Negroes  have  increased  in  number  from  31, 099,  valued  at  $10,142, 198, 
or  an  average  value  of  $324  per  head,  to  105,704,  valued  at  $53,422,663, 
or  an  average  value  per  head  of  $505.  This  gives  an  increase  in 
number  of  a  little  more  than  300  per  cent.,  and  in  value  of  more 
than  500  per  cent. 

The  whole  number  of  horses  and  cattle,  in  1846,  was  but  411,100 ; 
since  which  time  they  have  increased  to  1,603,146,  or  400  per  cent. 
The  increase  in  value  has  been  still  greater,  having  risen  from 
$2,929,372,  in  1846,  to  $16,916,833,  in  1855,  or  nearly  600  per  cent. 
Under  the  head  of  money  at  interest,  goods  in  store,  etc.,  is  included 
also  miscellaneous  property,  and  the  value  of  town  lots.  It  will  be 
seen  that  the  increase  in  the  value  of  the  whole  has  been  from 
$3,543,501  to  $20,649,024,  or  nearly  600  per  cent.  The  average 
increase  of  all  kinds  of  property,  during  the  ten  years,  as  exhibited 
in  the  column  of  aggregate  taxable  property,  will  be  found  to  be 
about  430  per  cent.,  having  risen,  in  the  aggregate  value,  from 
$34,391,174  to  about  $150,000,000. 


CHAPTER  XXII. 


REMARKS   ON   PRESENT  AND   FUTURE   PROSPECTS. 


IT  will  be  seen,  by  the  foregoing  tables,  that  Texas 
has  progressed,  in  substantial  wealth,  in  a  rapid  ratio, 
notwithstanding  the  many  adverse  circumstances 
under  which  she  labors ;  the  most  material  of  which 
are,  difficulty  of  access,  and  lack  of  railroads,  or 
other  good  communications  to  the  interior.  But 
emigrants,  with  willing  minds  and  ready  hands,  are 
all  the  appliances  needed  for  bringing  these  things 
about,  and  making  her  the  superior  producing  and 
exporting  State  of  our  glorious  Confederacy.  This 
is  a  country  where  the  rich,  the  poor,  and  those  who 
have  a  modicum  of  this  world's  goods,  may  find  soil, 
climate,  and  productions  suited  to  their  various 
wants ;  and  never,  in  any  other  country,  did  such  a 
combination  of  happy  circumstances  concur  to  make 
man  satisfied  with  his  earthly  lot.  The  wide-spread 
and  luxuriant  prairies,  and  the  rich  alluvial  loams, 

(190) 


PRESENT  AND  FUTURE  PROSPECTS.       191 

invite  honest  industry  to  come,  till,   and  reap  the 
abundant  rewards  of  harvest. 

The  high  wall  of  despotism  with  which  Spain 
and  Mexico  surrounded  this  country,  and,  for  a  long 
time,  excluded  it  from  the  progressive  influences  of 
the  world,  has  been  thrown  down  by  Anglo-Saxon 
valor;  the  vulture  and  viper  of  tyrannic  misrule 
have  fled  before  the  American  eagle ;  and  the  de 
grading  oppression  formerly  exercised  by  unbridled 
power,  through  its  willing  instruments,  Mother  Church 
and  the  military,  has  given  way  to  the  civic  rule  of 
benign  republicanism. 

When  we  look  on  Texas,  and  then  turn  our  eyes 
to  the  adjacent  country,  Mexico,  we  are  astonished 
at  the  contrast,  so  unfavorable  to  the  latter.  While 
she  is  old  in  theories,  crimes,  and  civilization,  with 
but  the  moral  stamina  and  vigor  of  an  ancient  de 
bauchee,  Texas,  her  dismembered  province,  becomes, 
under  another  influence,  vigorous  and  thrifty,  with 
well-founded  hopes  of  future  greatness.  We  say  to 
ourselves,  notwithstanding  it  is  unchristian  to  covet 
our  neighbor's  goods,  still,  where  that  neighbor  is  so 
improvident  with  the  bounties  which  God  hath  be 
stowed,  and  so  little  thoughtful  of  the  Giver,  that 
the  world  would  be  much  benefited  with  a  more 
thrifty  tenant,  and  no  one  could  be  injured  by  the 
change. 

Nations,  as  well  as  individuals,  are  obligated  to 
certain  proprieties  of  deportment,  not  only  among 
themselves,  but  towards  others.  It  is  true,  in  theory, 


192  PRESENT  AND  FUTURE   PROSPECTS. 

that  one  sovereign  nation  is  independent  of  all 
others;  but,  in  practice,  every  civilized  nation  is 
dependent  on  every  other;  and  the  bad  government 
and  vicious  polity  of  a  degraded  nation,  without  vio 
lating  any  international  law,  vibrate  throughout  the 
world,  and  demoralize  all  peoples. 


THE    END. 


AN  INITIAL  PINE  OP  25  CENTS 


DEC  8  1940WT 


MAR  25  J94 


•  n 


Y6  20053 


208726 


''•'- 


